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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Free the Economy podcast: The Overton Window with James Hohman
In this week’s episode we cover Treasury yields, oil prices, US-China-Taiwan security policy, and Trump’s $5,000 dividend checks. Our…
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How The No Surprises Act worsened the problem of surprise bills
Next week, Sen. Bill Cassidy (R-LA) will convene a roundtable to discuss adjustments to the 2020 No Surprises Act, which has come under…
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The rules Congress never gets to see
The 1996 Congressional Review Act (CRA) has been used to overturn only a few dozen federal regulatory directives since its enactment, most during the…
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Court’s Obamacare Decision — What Would John Locke Say?
Richard Epstein of the Hoover Institution and the University of Chicago Law School gives the Chief Justice some tough love in “What Was Roberts…
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D.C. To End Sunday Liquor Ban?
In D.C. politics, one month can make all the difference. At the end of April, Ward 1 Councilmember Jim Graham said that he opposed…
Blog
The Good, the Bad, and the Broccoli
Most people thought that the health care decision would hinge on the Court’s interpretation of the Commerce Clause. That’s why I wrote the first three…
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CEI’s Battered Business Bureau: The Week in Regulation
101 new final regulations, covering everything from Costa Rican flowers to tanning.
Blog
Obamacare Lives. So, Now What?
Former CEI scholar Tom Miller (now with AEI) has some thoughts on the Obamacare decision in today's…
Blog
Soda Pop, States’ Interests, and the General Welfare
Michael Bloomberg is as notorious as any American politician of our time. The New York Mayor’s recently proposed ban on “sugary drinks” larger than 18 ounces is the…
Reason
Government Mini Golf: The Federal Regulations For Putt-Putt Courses
From Peter Suderman's post on Reason's Hit & Run: Under the umbrella of the Americans with Disabilities Act, the federal government has issued…
Blog
CEI Podcast: June 28, 2012: The Obamacare Decision
General Counsel Sam Kazman shares his thoughts on the Supreme Court's health care decision, the Commerce Clause, Congress' taxation power, and more.
Blog
Supreme Court Concocts New “Rational (Tax) Basis” Test in Upholding Health Law
In a move that seems to have surprised many observers, the Supreme Court today upheld nearly all of the Patient Protection and Affordable Care Act…
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Obamacare Upheld, 5-to-4: A Perverse Decision That Undermines Political Accountability
Today, in a really perverse ruling, the Supreme Court upheld Obamacare's individual mandate as a tax in a 5-to-4 decision, even though Obamacare's supporters…
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Quick Thoughts on the Health Care Ruling
The Supreme Court upheld the health care bill, as you've no doubt heard by now. Over at the Daily Caller, I offer a few quick…
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Regulation of the Day 221: Miniature Golf Courses
The federal government regulates the slopes of miniature golf courses.
Blog
A Political Climate that Discourages Setting Up a Small Business
The EEOC has punished a cafe owner for not selecting a hearing- and speech-impaired applicant for a cashier’s position, even though such impairments obviously…
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Highway Bill Would Continue Pension Underfunding Shell Game
As if the Senate Highway Bill (S. 1813) could not become more of a lumbering monster, along comes its Section 40312, which allows "pension…
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Supreme Court Limits Arizona’s Anti-Immigration Law
The Supreme Court has struck down portions of Arizona’s SB 1070 — the controversial immigration law that targets undocumented migrant workers. The Court ruled that…
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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.
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…
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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…
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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…
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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…
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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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
Blog
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…
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