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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Yet Another Way That Obamacare Is Unconstitutional: The Arguments in Florida v. HHS
In the Washington Examiner, I discuss the brief I recently filed on behalf of Minnesota and North Carolina legislators challenging Obamacare, which…
Op-Eds
GOP’s ‘Durbin Dozen’ Keeps Dodd-Frank Price Controls
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And Wednesday, a bipartisan group of 54 Senators responded to concerns from…
Blog
GOP Durbin Dozen Blocks Dodd-Frank Rollback
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And yesterday, a bipartisan group 0f 54 Senators responded to concerns…
Blog
Regulation of the Day 180: Braiding Hair
Businesses often use regulations as a cudgel to bludgeon their competitors. Occupational licensing is one of the most-abused types of regulation.
Blog
Delaying Dodd-Frank’s Durbin Price Controls Would Save Retailers From Themselves
Today is the day, as a bipartisan amendment comes to the Senate floor delaying draconian price controls on debit card transaction fees from Dodd-Frank's Durbin Amendment, that the Senate has an…
Op-Eds
To Stimulate Economy, End Predatory Abuse Of Antitrust
Among numerous steps needed to stimulate a double-dipping economy, one is to make antitrust not pay anymore. AT&T’s $39 billion merger with T-Mobile (a…
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