Senator Eric Schmitt (R-MO) has declared war on Washington’s entrenched bureaucracy with the introduction of two transformative pieces of legislation: the Eraser Act and the Separation of Powers Restoration Act.
These bills, Schmitt says, are the opening salvo in a broader campaign to rein in the administrative state and return power to the American people.
Sen. Eric Schmitt (R-MO) has taken a decisive step toward what he calls a long-overdue effort to dismantle the “administrative state” with the introduction of two powerful legislative proposals aimed at reining in federal agencies and restoring accountability in Washington.
With the Eraser Act and the Separation of Powers Restoration Act, Schmitt hopes to curb what he sees as the overreach of unelected bureaucrats and return power to the American people.
Speaking on the Senate floor, Schmitt detailed the twin bills as critical tools to strip away layers of regulation that have stifled innovation and burdened Americans.
The announcement comes as conservative lawmakers gear up for Trump’s second administration, setting the stage for sweeping reforms that align with Trump’s agenda of “draining the swamp.”
“President Trump will soon occupy the White House. DOGE will soon get to work, and we can finally have some real momentum to dismantle the administrative state once and for all, returning power back to the people,” Schmitt reported.
“To ensure that President Trump and DOGE hit the ground running, yesterday I introduced two bills that are a critical one-two punch in dismantling the administrative state.”
The first piece of legislation, the Eraser Act, seeks to impose strict limits on the rule-making authority of federal agencies.
Under the act, no agency would be allowed to issue a new rule unless it simultaneously repeals at least three existing rules.
For major rules with significant economic impacts, the agency would also need to demonstrate that the cost of the new rule is equal to or less than the combined cost of the repealed rules.
“This would make agencies think twice before promulgating new regulations,” said Schmitt.
“Because these agencies are addicted to the power that comes from regulating Americans, it could have the added benefit of stripping many regulations from the books altogether and freeing Americans from the bonds of over-regulation.”
Building on the Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo, the Separation of Powers Restoration Act aims to dismantle the decades-old doctrine of Chevron deference.
Under Schmitt’s proposal, courts would adopt a de novo standard of review.
“Under a de novo standard of review, courts will weigh the merits of the arguments without deference to either side, placing American citizens and businesses—whether caught on the wrong side of regulatory enforcement action or challenging the validity of a regulation in the first place—on equal footing in court with the agency. This is a critical effort that will strip power away from unelected bureaucrats and put it back in the hands of Americans,” Schmitt said.
The bill represents a significant shift in administrative law, empowering the judiciary to act as a check on federal agencies and ensuring that statutes are interpreted as Congress intended.
WATCH:
BREAKING: Senator Eric Schmitt has filed legislation to begin dismantling the swamp.
“The first bill is called the Eraser Act, which prohibits any agency from issuing a rule unless the same agency has repealed at least three rules…”
“The second bill is called the Separation… pic.twitter.com/CX2of0v9Hm
— George (@BehizyTweets) January 13, 2025
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