The Repeal-First Rule Every Legislature Should Adopt
Before passing a new law, lawmakers should identify old laws that deserve repeal, sunset, or review.
America is good at passing new laws. It is much worse at removing old ones. A repeal-first rule would change the habit. Before a legislature creates a new program, penalty, board, mandate, or definition, it should identify laws in the same area that can be repealed, merged, sunset, or simplified.
This is not anti-government. It is pro-maintenance. Good government should be able to admit when a rule has expired, failed, duplicated another rule, or outlived the problem it was designed to solve. A repeal-first rule creates a normal expectation that legal systems should be cleaned as they grow.
The rule could be simple: every major bill should include a repeal review section. The sponsor should disclose whether the bill adds net new law, removes old law, or modernizes existing law. Voters deserve to know whether lawmakers are building a clearer code or just stacking more pages on top of the old ones.
Frequently Asked Questions
What is a repeal-first rule?
It is a legislative rule requiring lawmakers to review existing law for repeal, sunset, or consolidation before passing new law.
Would repeal-first stop needed laws from passing?
No. It would make lawmakers explain how a new proposal fits with existing law and whether old rules can be removed.
Who could adopt repeal-first?
Congress, state legislatures, city councils, county commissions, and agencies could all adopt versions of the rule.