Proposing Sunset Clauses to Spur More Frequent Congressional Lawmaking
The essay suggests that embedding expiration dates in new statutes would motivate Congress to revisit policies regularly, instead of pursuing sweeping procedural changes.
In a recent contribution to a Civitas Outlook symposium, the writer argues that adding sunset clauses to legislation is a practical way to encourage Congress to act more consistently. Rather than dismantling the filibuster or overhauling procedural rules, the proposal leverages the need for periodic votes to renew or terminate programs. The author notes that many major statutes, especially environmental ones, have not been reauthorized this century, highlighting the gap.
Existing House and Senate rules already prohibit appropriations for unauthorized or expired agencies, and a simple point-of-order could trigger review. The Congressional Budget Office regularly flags expired authorizations, providing data to support enforcement. The argument builds on earlier research with Chris Walker titled “Delegation and Time,” and the symposium featured insights from Steven Hayward, Josh Blackman, John Yoo, and William Voegeli.
Why it matters
Sunset provisions could make Congress more accountable and reduce legislative stagnation.
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