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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The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts weighty…
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The week in regulations: Taconite and label shapes
President Trump deposed Venezuelan dictator Nicolas Maduro and embarked on a nation-building project. ICE agents killed an American citizen in Minnesota. Agencies issued new regulations…
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Free the Economy podcast: FDR’s political legacy with David Beito
In this week’s episode we talk about communist housing policy in New York City, the best economics and history books to read…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. HURRICANE KATRINA A recent survey of Hurricane Katrina survivors finds a renewed sense of…
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Turning MySpace into TheirSpace
Like a coffee shop or a mall, the Internet has evolved into a digital “third place,” a location we visit not only for…
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New ‘Center for Entrepreneurship’ to Examine Financial Regulation
Contact: Christine Hall, 202.331.2258 Washington, D.C., August 24, 2006— The Competitive Enterprise Institute is proud to announce the launch of a new…
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Judicial Activism in Overdrive: Massachusetts, et al, v. EPA
August 31 is the deadline for filing the petitioners’ brief with the Supreme Court in Massachusetts et al. v. U.S. Environmental Protection Agency. Plaintiffs, who…
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“Two-Point-Eight-Trillion-Anything Is Scary”
The Competitive Enterprise Institute’s 2006 Annual Dinner and Reception paid homage to Hollywood. The evening, themed “A Night at the Movies,” featured P.J. O’Rourke,…
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Beware False Profits
The Evangelical Climate Initiative has issued “An Evangelical Call to Action” on global warming. Signed by 86 evangelical leaders, it calls for Evangelical Christians to…
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