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Common Property, Gains from Trade—and Statehood
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…

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Oversight Hearing Will Find Federal Regulatory Transparency Quite Opaque
The 2015 edition of White House Office of Management and Budget’s (OMB) annual Draft Report to Congress on the Benefits and Costs of Federal Regulations was latest we’ve seen…
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Barack Obama as FCC Chairman
The saga of executive branch overreach continues, and we got a twofer today. The House Judiciary Task Force on Executive Overreach held a hearing this…

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The One Year Anniversary of Net Neutrality
In the pen and phone era, one of the many examples of the descent into arbitrary lawmaking influencing an entire sector of the economy is…

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Presidential Candidates Neglect Regulatory Bureaucracy
Allowing a $19 trillion federal debt when it was obvious that interest rates couldn’t remain zero forever is Exhibit A that legislatures rarely control spending.
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The 2016 Unconstitutionality Index: 39 Federal Rules for Every Law Congress Passes
The New Year brought news of yet more executive action by President Obama, most prominently this time on tweaking the Second Amendment and access to…

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Bureaucracy Unbound: 2015 Is Another Record Year For The Federal Register
With one day to go in 2015, the Federal Register tops off at 81,611 pages. That’s higher than last year at 77,687 pages and higher than it’s…

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Washington Says Merry Christmas With 80,000 Pages Of Regulation
There may be a federal war on coal in the ground, but Washington has plenty of coal for your Christmas stocking. The Federal Register—where federal…

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Obama Cements Status as King of Regulatory Bloat
Today marks a milestone for the one brandishing the Mighty Pen and Phone. The Federal Register hit 78,648 pages today. The Register is where the federal…
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Washington’s Thanksgiving Turkeys: Here’s Your Chance to Fill Up on the White House’s 218 Economically Significant Rules
The president will pardon a couple turkeys again this year for Thanksgiving. The birds will take a carbon-intensive cross country flight from San Francisco International…

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Less than 1 Percent of Federal Regulations Get Cost-Benefit Analysis
The Obama administration likes to assert that all the rules and regulations pouring out of Washington have positive net-benefits. Billions of dollars in postulated net…

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Net Neutrality Questions FCC Commissioners Need to Answer
In a House Energy & Commerce Committee oversight hearing on Tuesday, November 17, all five Federal Communications Commissioners will testify. Net neutrality, the FCC’s broad push…
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Don’t Spare the ROD: An Inventory of Resolutions of Disapproval under the Congressional Review Act
Before Thanksgiving Day, both chambers of Congress are likely to consider so-called “Resolutions of Disapproval” to attempt to reject major, cripplingly expensive Environmental Protection Agency regulations…

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Agency Overload: Meet the Federal Bureaucracy One-Page Word Cloud
There exist various counts of agencies in the federal bureaucracy, but no particular tally is regarded authoritative. The “Agency List” page maintained at FederalRegister.gov probably…
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You Won’t Believe All the Ways Federal Agencies Issue Rules
Recently, I’d pointed out that we don’t really know how many federal agencies there are. That implies we don’t know how many rules and regulations…
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Nobody Knows How Many Federal Agencies Exist
As bureaucracy sprawls, nobody can say with complete authority exactly how many federal agencies exist. The twice-annual Unified Agenda of Federal Deregulatory and Regulatory Actions, which…

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Regulations Endanger Democracy
The House has passed some key regulatory reform measures this year, including the REINS Act most recently (which stands for “Regulations from the Executive In Need…
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Obama’s 2015 Report to Congress on Federal Regulations Is MIA
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Sunsetting Federal Regulations
An average of around 70 rules and regulations are issued every week. There were 3,554 in 2015, and have been 1,693 in 2015 as of…

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Independence Day? Yeah, Right: A Fourth of July Roundup of Federal Regulation
Congress is in recess and can’t do any more damage as the Fourth of July approaches, but federal agencies remain in business until they enjoy…
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One Nation, Ungovernable? Confronting the Modern Regulatory State
(Note: What follows is a hyperlinked version of the introductory paragraphs to the chapter of the same name in the new Fraser Institute/Mercatus…
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How Many Significant Regulations Escape Congress’ Notice?
The Spring 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions was released in late May, presenting recently completed actions and ongoing priorities of the federal…

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Obama Has Issued More “Economically Significant” Rules in 6.5 Years than Bush Did in Eight
It happens to be the case that, in terms of overall counts of rules and regulations published in the Federal Register as final rules, the George W.
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Here Are All 205 “Economically Significant” Rules in the Spring 2015 Unified Agenda of Federal Regulations
The Spring 2015 Unified Agenda of Federal Deregulatory and Regulatory Actions was released by the Obama administration just before Memorial Day weekend. It’s less of a…
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Ten Thousand Commandments 2015: A Fact Sheet
Ten Thousand Commandments is the Competitive Enterprise Institute’s annual survey of the size, scope and cost of federal regulations, and how they affect American…

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Comcast-Time Warner Cable Merger Derailed
Today we’ve learned again that bureaucrats and their enormous kingdoms come before consumer welfare. The collapse of the Comcast-Time Warner Cable merger merely because of the interference of government,…
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Balanced Budgets and Regulatory Budgets
The Joint House-Senate Conference Meeting on the federal budget has begun. Chairman Tom Price of Georgia remarked: Completing a budget is one of…
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California Drought 2.0, or Is it 3.0?
California’s water woes are back in the headlines after Gov. Jerry Brown commanded a 25 percent cut in consumption last week after extended drought. Pricing matters…
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The Republican Budget and Middle Class Economics
Yesterday the House Republicans released their “Balanced Budget for a Stronger America” and the Senate Republicans will release their budget proposal today. House Republicans…
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Net Neutrality Vote Shows Congress Must Rein In and Replace the FCC
The separation of powers doctrine demands that Congress not tolerate unelected federal agencies going it alone and making binding law. The Federal Communications Commission (FCC),…
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President Obama Says We’ve “Turned the Page” – Really?
In previewing his 2015 State of the Union Address, President Obama said … "2014 was the fastest year for job growth since the 1990s.
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CEI’s 2015 Unconstitutionality Index: 27 Regulations for Every Law
There’s this idea floating around about America’s do-nothing Congress, that laws aren’t being passed. The Los Angeles Times called Congress “ineffective,” in 2013 since it passed…

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2014 Ends with a 78,978-Page Federal Register; 3,541 Rules and Regulations
At year-end 2014, the Federal Register stands at 78,978 pages, the fifth-highest count ever. (The published version contains 79,066 pages, but I net out blank and skipped…

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Deteriorating White House Regulatory Disclosure Needs Active Congressional Review
Recently we’ve spent time reviewing Washington’s “Unified Agenda” of federal regulations, which came out just before Thanksgiving. It purports to tell what the alphabet soup…
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Small Business Regulations: Obama Red Tape Exceeds Bush Level
As we noted last week, President Obama has issued nearly half again as many “major,” $100-million regulations during his six years as President as George…

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Obama’s Major Regulations 50 Percent Higher than Bush
Back in 2012, President Obama emphasized that he had issued fewer rules in his first three years as president than his predecessor President George W. Bush.
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Washington’s Thanksgiving Turkeys: Here Are All of the White House’s 200 Economically Significant Rules
As usual, the president will pardon a turkey again this year for Thanksgiving; For us turkey eaters, though, our federal holiday treat is lots and lots…

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The Federal Register Topped 70,000 Pages Today
The Federal Register, where federal agencies’ daily rules, regulations, notices, “guidance,” bulletins and other material accumulate each day, just topped 70,000 pages for 2014. 70,052…
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President Obama’s Executive Overreach Compounded by Regulatory Dark Matter
In recent years the Federal Register has topped out at well over 70,000 pages, two times at more than 80,000. Each year over 3,500 rules issue from…
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What Will the SpaceShipTwo Crash Mean for Commercial Space Flight Regulation?
The crash of a test flight of billionaire Richard Branson’s Virgin Galactic SpaceShipTwo, which cost the life of one, riveted many around the globe on Friday afternoon.

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How Federal Paperwork and Red Tape Has Grown since President Clinton
In recent five-part series called The 2014 Federal Paperwork and Red Tape Roundup, I took a look at hours of paperwork for various departments and…
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The 2014 Federal Paperwork and Red Tape Roundup, Part 5: Executive Agency Regulatory Costs
In Parts 1 through 4 of The 2014 Federal Paperwork and Red Tape Roundup we compiled a basic picture of federal paperwork costs with respect to…
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The 2014 Federal Paperwork and Red Tape Roundup, Part 4: Independent Agency Paperwork Costs
A recent post here at OpenMarket noted the Annual Costs of Independent Agency Rulemakings and presented an annual cost placeholder of $6.14 billion annually stemming from compliance with…
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The Great Unknown – Federal Independent Agencies’ Regulatory Costs
Let’s be independent together! —Herbie the Dentist Elf to Rudolph in Rudolph the Red-Nosed Reindeer Independent agencies are not subject to Office of Management and Budget…
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The 2014 Federal Paperwork and Red Tape Roundup, Part 2: Billions of Dollars and 13,000 Lifetimes Annually
Whoever makes two ears of corn, or two blades of grass to grow where only one grew before, deserves better of mankind, and…
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The 2014 Federal Paperwork and Red Tape Roundup, Part 1: Big Bucks for Pencil Pushers
The more restrictions and prohibitions are in the Empire, the poorer grow the people. —Lao-Tzu When it comes to red tape and federal paperwork,…
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Western Water and California Drought, Part 2: No Need for Malthusian Despair
Well, some good news—it’s raining in Los Angeles. Western droughts combined with questionable water access policies spawn water crises that unfortunately are not unique…
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Strengthening Executive Branch Review of Federal Regulations
This week marks the due date of public comments on the 2014 edition of the Draft Report to Congress on the Benefits and Costs of…

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Red Tapeworm 2014: Are Environmental Protection Agency Regulations Declining? Don’t Bet on It
This is Part 26 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…

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