Is JCAR Unconstitutional?

Abstract

Before administrative regulations take effect in Illinois, Illinois law provides that those regulations be reviewed by the Joint Committee on Administrative Rules (JCAR). JCAR is a 12-member committee comprised of six state senators and six state representatives. It publishes a weekly summary of new regulations, proposed regulations, and notices, as well as its actions on proposed regulations. Although it might seem effective to have supervision over agency rulemaking, the JCAR system of objecting to regulations proposed by a state agency may violate the separation of powers provision under Article II of the Illinois state constitution. relevant constitutional language provides: The legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another. When the legislature (the branch) passes a law, it goes to the governor (the executive branch) for signature. law enters into effect, and administrative agencies promulgate regulations to implement the statute. Because JCAR can object to proposed administrative agency rules and prevent them from entering into effect, this committee of twelve legislators appears to be able to exercise a legislative over actions of the executive branch. U.S. Supreme Court held a veto unconstitutional in Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), in part because the legislature had assumed for itself the reviewing role of the courts. The constitutionality of JCAR does not yet appear to have been challenged in any state or federal court action in Illinois. Arguments under the Illinois state constitution may show that JCAR does actually not violate the separation of powers when it objects to proposed rules of administrative agencies. Some important distinctions exist between JCAR and that held unconstitutional in Chadha, including that the members of JCAR represent both houses of the Illinois General Assembly. Other states may have similar systems that provide for review of administrative regulations before they take effect. author invites dialog on the constitutionality of JCAR and information on comparative experiences from other jurisdictions.