NORTH DAKOTA (KXNET) — This week, Congressman Kelly Armstrong spoke on the House floor pushing back against progressive groups calling on Congress to add more seats to the Supreme Court.

The Judiciary Act of 1789 gave the U.S Congress the authority to determine the size and composition of the Supreme Court.

Armstrong contends that for the last 50 years, Congress has abdicated its responsibility to the agencies and the court. He says legislators do this so they don’t have to publicly take tough votes.

“This is one of the games that gets played all the time out here. You pass a law, but it’s really general, it’s really ambiguous, so an agency has to implement rules to enact the law. And, so you come back to your constituents, and say hey we had a bill to deal with that, I can’t believe the agency wrote the rules, the way they did. So, you get the benefit of a good idea, and you get to blame somebody else for the implementation. It might be good politics, but it’s terrible policy. And, we should get back to writing laws that say what we mean and do what we ask them to do,” said Armstong.

Congressman Armstrong gave the example of the recent headline Supreme Court decision on the EPA versus West Virginia, in which North Dakota is a co-plaintiff – saying it puts power plant emission policy into the hands of Congress, instead of punting the question to regulators and judges.

“The EPA versus West Virginia case is a perfect example. This is part of the Clean Power Plan that the Obama administration couldn’t get passed into law, so after they couldn’t get them passed, they asked the EPA to implement them anyway and the court said no. And, so if you’re going to pass sweeping changes that affect North Dakota, West Virginia, states that produce the energy that we are going to survive as a country then you should make sure that you pass it in Congress instead of giving it to bureaucrats, “said Armstrong.

Armstrong says putting these decisions into the political arena democratizes the issues because you can hold your elected official accountable, whereas you cannot lobby regulators or Supreme Court Justices.