There is no substitute for Congress legislating

The author observes in his written testimony before the House Committee on Veterans Affairs that when agencies issue regulations that go beyond the authority of the law and delegated discretion Congress should

“change the law in question so that it cannot be misconstrued in the future. Iterative acts of lawmaking that clarify and restrict the scope of existing laws offer a far more durable solution than simply having a new president reverse the policies of the last one. There is no reason to believe that the policy will not simply get reversed again when political control of the White House changes hands. The remedy for excessive administrative power is a revitalization of congressional power, not just a different flavor of administrative power as overseen by a more aggressive court.”