Cass R. Sunstein, Columnist

Food Debate Shows Congress Is Really Bad at Regulating

Mandatory GMO labels have high costs and no clear benefits. Lawmakers want them anyway.

Label this one "Bad Idea."

Photographer: Robyn Beck/AFP/Getty Images
Lock
This article is for subscribers only.

In recent years, Republicans have argued that Congress is a more responsible policymaker than the executive branch. But when it comes to regulation, Congress is often much worse, and for just one reason: Executive agencies almost always focus on both costs and benefits, and Congress usually doesn’t.

As a case in point, consider the Senate’s recent vote, by a margin of 63-30, in favor of a new law to require national labels for foods containing genetically modified organisms. The House is expected to pass the bill in the near future. However popular it might be, the coming law would almost certainly fail the minimal requirements that American presidents -- from Ronald Reagan to Barack Obama -- have imposed on federal regulators before they can finalize similar rules.