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.
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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
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This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Government Workers Oppose Cuts in Government Jobs…Really
It turns out that government workers have a vested interest in opposing cuts in government jobs. Who knew, right? The Washington Examiner today ran…
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CEI Podcast — October 14, 2010: Antitrust Follies and Regulatory Reform
CEI Vice President for Policy Wayne Crews talks about why antitrust actually hurts competition, and offers some ideas for regulatory reform.
Blog
Stop Coddling Mortgage Deadbeats
Right now, there’s a big manufactured outrage over the fact that at a few banks, paperwork errors occurred in foreclosures. The Wall Street Journal…
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Ben Lieberman on Government Regulations
Watch the video on YouTube…
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Morning Media Summary
The following is a roundup of the morning’s media. We hope you will make a daily stop at Open Market to read the latest updates.
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McDonald’s 6-Month-Old Burger is a Triumph, Not a Terror
To prove a friend wrong, New York artist Sally Davies left a happy meal out on her counter for six months. Yesterday, several media…
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