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Chapter 5: Regulatory dark matter: Executive orders and memoranda
Although executive actions ostensibly deal with the internal operations of the federal government, they increasingly can have binding effect and influence private behavior. Executive orders,…
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Chapter 6: More than 22,000 agency public notices annually
Along with the few dozen presidential memoranda and other proclamations are the thousands that issue from departments and agencies. Through various species of guidance documents,…
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Chapter 13: Needed: An agenda for rightsizing Washington
Rule counts regularly topped 4,000 in the 1990s. That is the wrong comparison for Biden’s lower rule counts. His fewer rules have higher costs, are…
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Chapter 4: The expanding Code of Federal Regulations
The page count in the Code of Federal Regulations (CFR)—where the Federal Register’s rules come to rest in small print in bound volumes of magenta,…
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Chapter 7: A note on rule reviews at OMB’s Office of Information and Regulatory Affairs
Yesterday’s rule review, where the review authority sought to restrain government intervention and minimize costs, is different from today’s rule review. Now the would-be overseer…
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Chapter 12: The 2024 Unconstitutionality Index: 44 rules for every law
Article I of the Constitution notwithstanding, administrative agencies rather than Congress do most of the lawmaking in the United States. Congress enacts weighty legislation but…