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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$800 Billion Stimulus Package Doled Out Based on Politics; Districts with High Unemployment Were Shafted
“How is stimulus money allocated? Unemployment isn’t a factor, but politics is,” found George Mason University researcher Veronique de Rugy in…
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How to Fix Immigration’s Black Market
Alex Nowrasteh and I have a piece in today's Detroit News arguing that liberalization, not regulation, is the way to shrink immigration's massive black market.
Blog
Barack Obama and Liberal “Good” vs. Freedom
There's a great op-ed by Shelby Steele in today's Wall Street Journal, called "Barack the Good". In it, Steele argues that "today's liberalism is focused…
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“Are some reporters lying in their Toyota coverage?” my Canadian Free Press article
I’ve shown clearly that reporters are acting with reckless disregard for the truth in the Toyota sudden acceleration feeding frenzy since my Los Angeles…
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Public Employees’ Compensation Races past Private Sector Workers’
As union membership in government has outpaced that in the private sector, so has compensation. As the Washington Examiner reports: Compensation for…
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Gene Patents Ruled Invalid
In a pretty remarkable move, the United States District Court for the Southern District of New York yesterday held that genes can not be patented…
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