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
Blog
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
Blog
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.
Blog
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…
Blog
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…
Blog
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…
Blog
FCC v. Fox Television: Protection Against Vague Laws Applies to Civil Cases and Protects Businesses
Past Supreme Court rulings like FCC v. Pacifica (1978) allow the federal government to ban "indecency" in broadcasting, and give the government a freer…
Blog
Supreme Court Rules against Union Forced Speech
Thomas Jefferson said that, "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and…
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Government Unions Stall San Diego Pension Reform
Collective bargaining privileges are facilitating the San Diego Municipal Employee Association’s (MEA) ability to wreak havoc over voter-approved pension reform. These privileges elevate union special…
Blog
A History of Interstate Commerce Part 1: Neither Interstate Nor Commerce
The Supreme Court’s impending decision on the constitutionality of the health care bill’s individual mandate presents a golden opportunity to review the history of the…
Blog
Google and Antitrust: Economic Liberty in the Balance
Way back when the DOJ brought an antitrust suit against Microsoft in 1990s, Milton Friedman had this to say to The Wall Street…
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Alcohol Regulation Roundup: Longest Day Edition
Happy summer solstice everyone (it was yesterday, but this is the first full day of summer)! Wherever you are, I hope you're enjoying the maximum…
Blog
Support Rep. Diane Black’s MTI to Halt Misguided Federal Support for “Distracted Driving” Laws
Today, Rep. Diane Black (R-Tenn.) issued a notice of her intent to offer a motion to instruct (MTI) [PDF] highway bill conferees to oppose…
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Net Neutrality: Two Concepts of Liberty
Two Concepts of Liberty In December of 2010, the FCC passed a network neutrality order mandating, among other things, that ISPs allow content to…
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Communication Workers of America Remain a Thorn in Verizon’s Side
Communication Workers of America is seeking government intervention in order to protect union jobs at Verizon’s unprofitable wireline industry. If the union’s call for intervention…
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Supreme Court Issues 5-to-4 Rulings, But Not On Obamacare
The Supreme Court announced four decisions today, three of them decided by slender 5-to-4 margins, but not the long-awaited ruling about the constitutionality of…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
84 new regulations, covering everything from gopher frogs to cotton gins.
New York Times
This Week in Small Business: Working Without Pay
From Gene Marks' post in The New York Times' You're the Boss blog: The Internal Revenue Service offers advice for safeguarding tax…
Blog
Sen. Rand Paul Introduces Bills to Dramatically Rein in TSA
Yesterday, Sen. Rand Paul (R-Ky.) introduced two bills aimed at reducing the power of the Transportation Security Administration (TSA). S.3303 would end the TSA’s…
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An IRS Trojan Horse
The IRS' proposed real-time tax system is a Trojan horse for a return-free system, in which the IRS would become your tax preparer as well…
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Losing the Universe with LOST
The Law of the Sea Treaty (LOST) has been languishing in the Senate for decades, but led by Massachusetts senator John Kerry, there is growing…
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End in Sight for Pennsylvania’s State-Run Liquor Stores
Could it finally happen? After decades of hemming, hawing, and growing public anger over Pennsylvania’s outdated regulations, change may finally be in the cards for…
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China Takes Hard Stance on EU’s Airline Emissions Charges
It looks like it could begin a trade war — in airplanes. China has announced that it may impound European Union airplanes in retaliation if…
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Jamie Dimon and the “Just Fine” Private Sector
It will be interesting to see how the Big Government punditocracy squares its doubling-down defense of President Obama's comments that "the private sector is…
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Stigler on the Regulatory Mindset
"There are only two alternatives to the market: the state, and prayer. It turns out the two were merged in one."…
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Union Bosses Care More about Collective Bargaining than Students
In Massachusetts and Louisiana, union bosses' recent actions indicate collective bargaining privileges and lavish contracts are their number one priority. First in Massachusetts, the AFL-CIO…
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CEI’s Battered Business Bureau: The Week in Regulation
65 new regulations last week, covering everything from substance abuse to the official taxonomy of the endangered African wild ass.
Blog
Regulation of the Day 220: Driver’s Side Mirrors
A math professor has invented a driver's side mirror that eliminates the dreaded blind spot, but regulators won't let car makers use them.
Blog
In New York, a Private/Public Sector Union Rift
The fact that government employee unions have been at the center of budget debates across the nation underscores their outsize influence on state and local…
Business Week
Obama Shouldn’t Embellish His Small Business Record
From Scott Shane's article in Bloomberg Businessweek: Now consider regulation. The National Economic Council report says that the president has cut “red tape”…
Blog
Tapping Space Resources
Over at The Washington Times, Bob Zubrin says that we need space property rights. Gee, I wonder…
Blog
Ten Thousand Commandments and Growing
Over at ?The Washington Times?, Wayne Crews and I praise President Obama's recent regulatory reforms. They're small, but they're better than nothing:…
Blog
Taxpayers Win as Dulles Rail Drops Pro-Union Contracting Rules
In a win for Old Dominion taxpayers, the Metropolitan Washington Airports Authority (MWAA) yesterday rescinded a pro-union project labor agreement (PLA) for the building of the Metro…
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Government Restrictions on Salt Consumption May Cost Lives
Some government officials would like to curb salt consumption, even though such restrictions could increase death rates. “The Department of Agriculture’s dietary guidelines still…
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George Will Makes the Case for the REINS Act
In his column today, George Will makes the case for Congress to take responsibility for the enormous costs which regulation imposes on American businesses…
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Washington’s Ten Thousand Commandments
The 2012 edition of “Ten Thousand Commandments” is out now. If you don’t feel like reading all 66 pages (though I recommend you do!),…
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A Liberal War on Women: “New Law Keeps Many Homemakers from Qualifying for Credit Cards”
The Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act), a law passed by a liberal Congress and signed by President Obama, “…
The American Spectator
Washington’s Ten Thousand Commandments
Deficits, taxes, and spending are the defining issues of the 2012 campaign. Regulation deserves a seat at the table, too. The federal government spent $3.6…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
58 new rules despite the short work week, covering everything from dishwashers to Maine lobsters.
Blog
Maryland Gov. O’Malley Grants Big Labor Protections from Disclosure
In Maryland, labor unions join the protected ranks of doctors and lawyers with respect to confidentiality privileges. In early May, Maryland Governor Martin O’Malley signed…
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New York City Mayor Michael “Nanny” Bloomberg Wants To Ban Super-Sized Soda
The infamous mayor, known for instituting paternalistic food policies, like banning trans fats and Four Loko, limiting salt, regulating calories, is at it again.
Blog
CEI Podcast for May 31, 2012: Ten Thousand Commandments
Congress passed 81 bills last year, while agencies passed 3,807 regulations. This, according to Vice President for Policy Wayne Crews, is regulation without representation.
Blog
Paycheck Fairness Act Contains Unfair Provisions, Would Result in Equal Pay for Unequal Work
“Senate Majority Leader Harry Reid, D-Nev., scheduled a vote on the Paycheck Fairness Act when the Senate returns from its week-long recess,” reports Susan…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
95 new final rules published last week, covering everything from crocodiles to the definition of "unblockable drain."…
Oil & Gas Journal
US Regulatory Costs Amplify Pressure of the Mammoth Deficit
From Bob Tippee's column in The Oil & Gas Journal: An annual report published by the Competitive Enterprise Institute estimates the cost of…
Blog
CEI Podcast for May 24, 2012: Driverless Cars
A prototype driverless car made by Google recently made the rounds in Washington, DC, and Land-use and Transportation Policy Analyst Marc Scribner got to take…
Blog
Senate Vote Today on FDA, Supplements, and Energy Drinks
Today, the Senate will vote to reauthorize and modify the Food and Drug Administration’s (FDA) prescription drug and medical device user-fee program (…
Blog
MWAA: A Government-Authorized Fiefdom
Should Congress’s power extend to creating taxpayer-funded government entities that are free from state and federal laws concerning ethics, transparency, and disclosure? No, but it…
Blog
Is the Obama Administration Anti-Business?
If President Obama has found it hard in responding to critics who accuse him of being “anti-business,” he really only has his own administration’s policies…
Blog
Facebook’s Fall and the Post-Sarbanes-Oxley “Cheers IPOs”
How Over-Regulation is Robbing Investors of Wealth from Smaller IPOs When I wrote pieces here and at the Daily Caller late last week injecting a…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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