There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
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The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Free the Economy podcast: The business of Federalism with Derek Kreifels
In this week’s episode we cover childcare in the 50 states, how to fix rising healthcare costs, the new Institute for…
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Search Posts
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A History of Interstate Commerce Part 3: The Expansion
The seminal event in expanding the commerce clause’s interpretation was the 1937 Supreme Court case National Labor Relations Board v. Jones & Laughlin Steel Corp.
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CEI’s Battered Business Bureau: The Week in Regulation
77 new final rules and 1,633 Federal Register pages, covering everything from prison rape to airport concession workers.
Legal Brief
State National Bank of Big Spring et al. v. Geithner et al.
The Competitive Enterprise Institute and the 60 Plus Association join the State National Bank of Big Spring, Texas, in their lawsuit challenging the constitutionality of…
Blog
Bailouts Won’t Save Europe, Only Reform Will
As European leaders panic over bailouts for Southern Europe, they miss an important reality. Comprehensive structural reform is the only long-term solution for recovery. Perversely, bailouts…
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Supreme Court Ruling in FCC v. Fox Television Stations Undermines Vague Regulations at SEC, EEOC, and NLRB
In its ruling yesterday in FCC v. Fox Television Stations, the Supreme Court overturned the FCC’s finding that Fox Television was guilty of…
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A History of Interstate Commerce Part 2: Rebels Without a Clause
The Articles of Confederation, which preceded the Constitution, lacked a Commerce Clause. The federal government had no power to regulate commerce among the states. That…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment