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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Regulation of the Day 61: Big Screen TVs – Mankind’s Doom!
On November 4, California regulators may vote to ban big-screen televisions. The large sets use more energy than they would prefer.
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Eliot Spitzer Wants your Pension
Today, Slate features a rant by disgraced former New York Governor Eliot Spitzer that includes distortions and falsehoods so blatant that they wouldn’t merit…
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How Much Harm Do Teacher Unions Do?
Plenty, according to the new film, The Cartel. The film purports to show “educational system like we’ve never seen it before. Behind every dropout…
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More on Public Sector Unions
Slate blogger Mickey Kaus explains how public sector unions are driving state and local governments to the brink of bankruptcy (via Nick Gillespie at…
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Regulation of the Day 60: Hybrid Car Noise
One advantage of hybrid cars is that they are quiet. Too quiet, some would say. Blind pedestrians may not hear a hybrid coming around the…
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Silencing Criticism through Libel Law
The physicist turned science journalist Simon Singh has been sued in a UK court and, this past summer, found liable for libel for an April…
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