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The 2017 Unconstitutionality Index: 18 Federal Rules for Every Law Congress Passes

Blog

The 2017 Unconstitutionality Index: 18 Federal Rules for Every Law Congress Passes

  • By: Clyde Wayne Crews
  • 12/30/2016

Federal agencies in 2016 issued 18 rules and regulations for every law Congress passed.

Law and Litigation

Federal Register Breaks Record by 10,000 Pages

Blog

Federal Register Breaks Record by 10,000 Pages

  • By: Clyde Wayne Crews
  • 12/16/2016

Today standing at 91,642 pages, the Federal Register is 10,000 pages higher than the prior all-time record.

Regulatory Reform

Obama’s 2016 Federal Register Just Topped Highest Page Count of All Time

Blog

Obama’s 2016 Federal Register Just Topped Highest Page Count of All Time

  • By: Clyde Wayne Crews
  • 11/17/2016

Well that didn’t him take long. President Barack Obama’s Federal Register, the daily depository of rules and regulations, added 572 pages today, and stands at…

Regulatory Reform

Federal Register Tops 80,000 Pages, 3rd Highest Ever Count

Blog

Federal Register Tops 80,000 Pages, 3rd Highest Ever Count

  • By: Clyde Wayne Crews
  • 11/15/2016

Today’s Federal Register added 572 pages, and stands at 80,562 pages for 2016.

Regulatory Reform

Federal Register Hits 4th Highest Ever Count, Will Top 80,000 Pages Tuesday

Blog

Federal Register Hits 4th Highest Ever Count, Will Top 80,000 Pages Tuesday

  • By: Clyde Wayne Crews
  • 11/11/2016

Yesterday the Federal Register hit its fifth-highest count of 79,380 pages.

Regulatory Reform

Federal Register Hits 5th Highest Ever Count, Days from All-Time High

Blog

Federal Register Hits 5th Highest Ever Count, Days from All-Time High

  • By: Clyde Wayne Crews
  • 11/10/2016

We’ve documented here throughout November that the Federal Register is steamrolling through 2016, Obama’s final year.

Regulatory Reform

Federal Register Adds 1,177 Pages, Hits 7th Highest Ever Count

Blog

Federal Register Adds 1,177 Pages, Hits 7th Highest Ever Count

  • By: Clyde Wayne Crews
  • 11/04/2016

We noted here on November 1 that the Federal Register is on a roll, hitting 76,270 pages, the 8th highest level ever.

Regulatory Reform

A Federal Register Growth Spurt, Third Day of Record-Breaking Streak

Blog

A Federal Register Growth Spurt, Third Day of Record-Breaking Streak

  • By: Clyde Wayne Crews
  • 11/01/2016

The Federal Register is on a roll. On Friday, it hit 75,314 pages, the 10th highest level of all time, even though more than two…

Regulatory Reform

A Monster Federal Register This Halloween

Blog

A Monster Federal Register This Halloween

  • By: Clyde Wayne Crews
  • 10/31/2016

Today, the 2016 Federal Register stands at 75, 670 pages, the 9th highest “yearly” count of all time—but it’s only Halloween.

Regulatory Reform

How a New President Can Roll Back Bureaucracy, Part 13: Establish ‘Office of No’

Blog

How a New President Can Roll Back Bureaucracy, Part 13: Establish ‘Office of No’

  • By: Clyde Wayne Crews
  • 10/18/2016

Implement a “Do Not Regulate” Office to Clarify Economic Liberalization Alternatives to, and Explicit Exit Strategies from, Command and Control Rules.

Regulatory Reform

Blog

White House Stalling Regulation Report Until after Election?

  • By: Clyde Wayne Crews
  • 10/17/2016

Today, Monday, October 17th, marks the latest that the White House Office of Management and Budget (OMB) has ever been with its annual draft Report…

Regulatory Reform

Blog

Federal Register Tops 70,000 Pages, Headed for a Major Record

  • By: Clyde Wayne Crews
  • 10/11/2016

There’s no measure of regulation worse than counting Federal Register pages. But on the other hand, the bureaucracies aren’t exactly bending over backward to disclose…

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 12: Acknowledge and Minimize Indirect Costs

  • By: Clyde Wayne Crews
  • 10/05/2016

This is the 12th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 11: Analyze “Transfer” Costs

  • By: Clyde Wayne Crews
  • 10/04/2016

This is the 11th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the…

Blog

How a New President Can Roll Back Bureaucracy, Part 10: Account Separately for Economic, Health and Safety, and Environmental Regulations

  • By: Clyde Wayne Crews
  • 10/03/2016

This is the 10th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 9: Improve Classification of Major Rules

  • By: Clyde Wayne Crews
  • 09/29/2016

For decades, regulations have been loosely divided into those that are major or economically significant (over $100 million in annual impacts) and those that are…

Blog

How a New President Can Roll Back Bureaucracy, Part 8: Transparency Report Cards

  • By: Clyde Wayne Crews
  • 09/28/2016

Improving disclosure and transparency for regulatory output and trends is one area where a new president can unambiguously undertake unilateral initiatives without statutory regulatory reform.

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 7: Track Regulatory Accumulation

  • By: Clyde Wayne Crews
  • 09/27/2016

This is the seventh entry in a series on how the next president can reduce the scope of bureaucracy. Earlier installments have addressed a freeze on…

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 6: Enhance Disclosure in ‘Unified Agenda’

  • By: Clyde Wayne Crews
  • 09/26/2016

There are rules, and then there are rules. Agencies are supposed to alert the public to their priorities in the semi-annual “Regulatory Plan and Unified…

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 5: Scrutinize Informal ‘Guidance’ Documents

  • By: Clyde Wayne Crews
  • 09/21/2016

When a new president scrutinizes agency rules as we have called for in this series, he or she also needs to bring “guidance documents” under…

Regulatory Reform

Blog

How A New President Can Roll Back Bureaucracy, Part 4: Expand Number of Rules Receiving Cost Analysis

  • By: Clyde Wayne Crews
  • 09/19/2016

The Office of Management and Budget conducts review of some significant or major rules’ cost-benefit analyses, but not quite as many or as deeply as…

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 3: Review, Revise, Repeal, and Sunset

  • By: Clyde Wayne Crews
  • 09/15/2016

Short of the moratorium advocated at the top of this series, and in keeping with the spirit of executive orders and retrospective reviews that agencies…

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 2: Boost Resources and Free Market Staff

  • By: Clyde Wayne Crews
  • 09/14/2016

If we must take the central, top-down administrative state as a given—and it seems that for the time being the Constitution is not coming to…

Regulatory Reform

Blog

How a New President Can Roll Back Bureaucracy, Part 1: Freeze Regulations Temporarily

  • By: Clyde Wayne Crews
  • 09/13/2016

In today’s economy, talk about regulatory liberalization has become a bit more bipartisan.

Regulatory Reform

Blog

Rewards and Risks of a Federal Regulatory Budget (Part 6)

  • By: Clyde Wayne Crews
  • 09/06/2016

By shedding light on comparative agency activity, budgeting and simultaneous improved congressional oversight could counter agency overreach.

Regulatory Reform

Rewards and Risks of a Federal Regulatory Budget (Part 5)

Blog

Rewards and Risks of a Federal Regulatory Budget (Part 5)

  • By: Clyde Wayne Crews
  • 09/02/2016

Benefits, even more so than costs do not lend themselves to measurement by a third party or external observer, and abuse will result from the…

Regulatory Reform

Rewards and Risks of a Federal Regulatory Budget (Part 4)

Blog

Rewards and Risks of a Federal Regulatory Budget (Part 4)

  • By: Clyde Wayne Crews
  • 09/01/2016

This week I began by making the case for the idea of a regulatory cost budget but wanted to spend time exploring looming pitfalls and…

Regulatory Reform

Blog

Rewards and Risks of a Federal Regulatory Budget (Part 3)

  • By: Clyde Wayne Crews
  • 08/31/2016

Monday in this space, I advocated the idea of a regulatory cost budget but noted there exist looming pitfalls and political traps that could derail…

Regulatory Reform

Blog

Rewards and Risks of a Federal Regulatory Budget (Part 2)

  • By: Clyde Wayne Crews
  • 08/30/2016

I advocate the idea of a regulatory cost budget but note that there exists looming pitfalls and political traps that could derail it or easily…

Regulatory Reform

Rewards and Risks of a Federal Regulatory Budget (Part 1)

Blog

Rewards and Risks of a Federal Regulatory Budget (Part 1)

  • By: Clyde Wayne Crews
  • 08/29/2016

Our case for capping and “budgeting” regulatory costs across federal agencies opens by asserting that that, perhaps apart from certain raw compliance and paperwork burdens,…

Regulatory Reform

Can a New President Cut Regulations Unilaterally?

Blog

Can a New President Cut Regulations Unilaterally?

  • By: Clyde Wayne Crews
  • 08/22/2016

Both presidential candidates have delivered economic speeches over the past two weeks, and both have at least given a nod to red tape and the…

Regulatory Reform

Blog

Next Administration Will Have to Try Harder on Regulatory Moratorium

  • By: Clyde Wayne Crews
  • 08/09/2016

In a speech yesterday to the Detroit Economic Club, Donald Trump proposed a moratorium on new federal regulations.

Regulatory Reform

Federal Register Tops 50,000 Pages, Yet Obama’s Report to Congress Is MIA

Blog

Federal Register Tops 50,000 Pages, Yet Obama’s Report to Congress Is MIA

  • By: Clyde Wayne Crews
  • 07/29/2016

The annual Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities is quite overdue.

Law and Litigation

Washington Post “Fact Checker” Column Still in Denial over Regulatory Costs

Blog

Washington Post “Fact Checker” Column Still in Denial over Regulatory Costs

  • By: Clyde Wayne Crews
  • 07/20/2016

The Washington Post “Fact Checker” column is running its critiques of the Republican convention, and in the process is trying again to rebuff a $15,000…

Regulatory Reform

House Judiciary Subcommittee Assesses OMB Review of Federal Regulations

Blog

House Judiciary Subcommittee Assesses OMB Review of Federal Regulations

  • By: Clyde Wayne Crews
  • 07/11/2016

Last week on July 6, the U.S. House of Representatives Judiciary Committee’s Sub-Committee Subcommittee on Regulatory Reform, Commercial and Antitrust Law conducted a hearing on…

Regulatory Reform

Testimony on Regulatory Budgeting before the House Budget Committee

Blog

Testimony on Regulatory Budgeting before the House Budget Committee

  • By: Clyde Wayne Crews
  • 07/07/2016

Today, the U.S. House of Representatives Budget Committee conducted a hearing on An Introduction to Regulatory Budgeting, and I was invited to testify by Chairman…

Regulatory Reform

Examining Agency (Over)Use of Regulatory Guidance Documents

Blog

Examining Agency (Over)Use of Regulatory Guidance Documents

  • By: Clyde Wayne Crews
  • 06/30/2016

Today the U.S. Senate Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management conducted a hearing on "Examining the Use of Agency…

Regulatory Reform

Blog

Wireless Net Neutrality: You Were Warned

  • By: Clyde Wayne Crews
  • 06/17/2016

Hundreds of people have been burrowing into this week’s D.C. District Court of Appeals 2-1 decision giving the Federal Communications Commission (FCC) everything it wanted…

Law and Litigation

Blog

New Options for Regulatory Reform from Speaker Ryan

  • By: Clyde Wayne Crews
  • 06/14/2016

We here at the Competitive Enterprise Institute appreciate the release of the new report by the Task Force on Reducing Regulatory Burdens, issued as part…

Regulatory Reform

Blog

Controlling Federal Agency Guidance Documents: A To-Do List for Congress and Reformers

  • By: Clyde Wayne Crews
  • 06/06/2016

When I wrote about the proliferation of federal agency guidance documents and other regulatory “dark matter” that skirts Congressional oversight and even normal…

Regulatory Reform

Federal Regulations Affecting Small Business

Blog

Federal Regulations Affecting Small Business

  • By: Clyde Wayne Crews
  • 05/26/2016

It is often said that there is no such thing as a free lunch, something particularly true for the small businessperson. The “Small Business…

Regulatory Reform

Regulation: A 28 Percent Hidden Tax For The Family

Blog

Regulation: A 28 Percent Hidden Tax For The Family

  • By: Clyde Wayne Crews
  • 05/18/2016

When corporations pay taxes, you pay taxes. That is, while it’s popular to tax rich corporations, and even if they write the check to the…

Regulatory Reform

Regulatory Cost Blowout: Burden Is Triple the Deficit, Greater than Personal and Corporate Income Taxes Combined

Blog

Regulatory Cost Blowout: Burden Is Triple the Deficit, Greater than Personal and Corporate Income Taxes Combined

  • By: Clyde Wayne Crews
  • 05/11/2016

The last time the federal government balanced the budget was between 1998 and 2001. But those were days when a $2 trillion federal budget…

Regulatory Reform

The Barack Obama Regulatory State Towers over that of Bush

Blog

The Barack Obama Regulatory State Towers over that of Bush

  • By: Clyde Wayne Crews
  • 05/04/2016

A glance at the overall count of rules and regulations leads one to suppose regulatory burdens are decreasing. After all, since Obama took office the…

Regulatory Reform

Blog

The Proliferation of Federal Agency Guidance Documents

  • By: Clyde Wayne Crews
  • 04/27/2016

Recently we looked at some prominent recent examples of federal agency guidance—costly to-dos for the private sector. Today I wanted to say just a…

Regulatory Reform

Blog

When Bureaus Attack: Recent Examples of Federal Regulation by “Guidance Document”

  • By: Clyde Wayne Crews
  • 04/25/2016

In the recent paper “Why Congress Must End Regulation by Guidance Document,” I described the rise of federal agency regulatory dark matter and…

Regulatory Reform

Blog

Federal Agency “Guidance Document” Disclosure Gaps Show Congress Is in the Dark on Regulatory Overreach

  • By: Clyde Wayne Crews
  • 04/18/2016

In “A Quick and Dirty Inventory of Federal Agencies' Significant Guidance Documents,” I provided, well, a quick and dirty table depicting “significant” (usually, not always,…

Regulatory Reform

Blog

A Quick and Dirty Inventory of Federal Agencies’ Significant Guidance Documents

  • By: Clyde Wayne Crews
  • 04/14/2016

Much is written by many on federal agency regulations’ expansion and costs. Beyond those, guidance documents, memoranda, notices, and other regulatory dark matter…

Regulatory Reform

Obama’s 7 Years of Regulation Easily Outstrip Bush’s 8

Blog

Obama’s 7 Years of Regulation Easily Outstrip Bush’s 8

  • By: Clyde Wayne Crews
  • 04/12/2016

Annually, despite ups and downs, the number of federal rules and regulations tops 3,400. While the overall rule counts in the Federal Register and…

Regulatory Reform

Blog

Common Property, Gains from Trade—and Statehood

  • By: Clyde Wayne Crews
  • 03/28/2016

Historian Staughton Lynd argued that the contemporaneously drafted Constitution and Northwest Ordinance of 1787 were themselves components of a larger implicit package that harmonized the…

Law and Litigation

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Masthead

Publisher

  • Kent Lassman

Managing Editor

  • Jeremy Lott

Assistant Managing Editor

  • Ryan Smith

Associate Editors

  • Travis Burk
  • Christine Hall
  • Scooter Schaefer

Contributors

  • Matthew Adams
  • Daren Bakst
  • Joshua Bandoch
  • John Berlau
  • Wayne Crews
  • Myron Ebell
  • Dan Greenberg
  • Sean Higgins
  • Sam Kazman
  • Marlo Lewis, Jr.
  • Ben Lieberman
  • Mario Loyola
  • Jessica Melugin
  • Richard Morrison
  • Iain Murray
  • Alex Reinauer
  • Devin Watkins
  • Stone Washington
  • Ryan Young
  • Joel Zinberg

CEI Makes the Case for Freedom Every Day

Sign up below for the latest research, news, and commentary from CEI experts.

  • This field is for validation purposes and should be left unchanged.

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