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OpenMarket: Regulatory Reform

  • Regulation and Neglected Costs of Authoritarianism and Over-Criminalization

    March 19, 2019
    Corrupt government and authoritarianism have been the historical rule rather than the exception. The U.S. Constitution’s elevation of individual rights and restraints on governmental power in particular represented the peak of the exception.
  • This Week in Ridiculous Regulations 

    March 18, 2019
    President Trump has declared passing the new NAFTA/USMCA as his top legislative priority, but congressional ratification will not be automatic. Mexico and Canada are also refraining from ratifying the deal due to President Trump’s recent steel and aluminum tariffs against them. The Senate also pushed back against his national emergency declaration, and the world mourns with New Zealand after a terrible tragedy. Meanwhile, rulemaking agencies issued new regulations ranging from vegetable power of attorney to Honduran archaeology.
  • Regulatory Costs of Delegating Lawmaking Power to Executive and Unelected Administrators

    March 13, 2019
    The administrative state, blessed by Congress, has dispensed with the Founders’ system of legislation fashioned solely by an elected body. Regulatory reforms call for holding Congress accountable for agencies’ rules and regulations, but the deeper reality is that Congress already is accountable, in the sense of blame, for the current state of affairs.
  • This Week in Ridiculous Regulations   

    March 11, 2019
    Last week was low-drama by recent standards, but still had some important developments. The U.S. trade deficit set a record for the second year in a row, which fortunately has nothing to do with economic health one way or the other. Meanwhile, regulatory agencies issued new regulations ranging from sewage incineration to pecan reporting.
  • The Regulatory Costs of Abandoned Federalism

    March 6, 2019
    The deterioration of the principle of separation of powers is a signature feature of the powerful federal Administrative State. This corrosion is accompanied by a loss of federalism and enfeeblement of the constitutional authority of the states.
  • This Week in Ridiculous Regulations   

    March 4, 2019
    The Michael Cohen hearing shenanigans gobbled up the headlines, but actual substantive news happened regarding talks with China and North Korea—in particular, a planned tariff increase from 10 percent to 25 percent on $200 billion of Chinese goods has been delayed “until further notice.” Meanwhile, agencies issued new regulations ranging from fiberglass mats to wax.
  • Costs of Regulatory Takings and Property Value Destruction

    February 26, 2019
    Takings issues noted here are just the beginning of government neglect of the institution of private property, notable especially in emergent sectors. But the disdain for compensation is a feature, rather than a bug, of the administrative state. The very point of regulatory takings, as distinct from an outright seizure, is to circumvent and hide costs.
  • This Week in Ridiculous Regulations   

    February 25, 2019
    The federal government was on a four-day work week in honor of George Washington’s birthday, but agencies still found time to issue regulations ranging from frozen mango promotion to oral appliances.
  • VIDEO: You've Come a Long Way, Regulatory Reform

    February 22, 2019
    Our friends at the American Enterprise Institute are doing a great job leveraging their many decades of experience in Washington, D.C. They've been raiding their archives and posting a series of TV programs the organization produced going back to the 1970s, long before the era of viral videos and streaming digital content.
  • Regulatory Costs and the Loss of Liberty

    February 19, 2019
    From classical liberal and individual rights perspectives, the administrative state is an affront to liberty almost by definition.


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