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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Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
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Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
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The week in regulations: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
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Regulatory Dark Matter: Presidential Executive Orders and Memoranda
Download Chapter 6 as a PDF Executive orders, presidential memoranda, and other executive actions make up a large component of executive “lawmaking.” They merit…
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Tens of Thousands of Pages and Rules in the Federal Register
Download Chapter 5 as a PDF The Federal Register is the daily repository of all proposed and final federal rules and regulations.427 Although its…
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What Comes after “Trillion”? The Unknowable Costs of Regulation and Intervention
Download Chapter 4 as a PDF If real debt levels on the fiscal budget and entitlements can be vastly higher than the public is…
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Toward a Federal “Regulatory Budge”
Download Chapter 3 as a PDF When Congress spends, no one questions that disclosure is necessary for voters to hold representatives accountable. Federal expenditure…
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Swamp Things – Trump’s Discordant Regulatory Impulses Threaten to Derail His Successes and Expand the Administrative State
Download Chapter 2 as a PDF President Trump has pruned rules and costs and held down regulatory output with more enthusiasm than other presidents.146 Trump…
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9,999 Commandments? Six Ways Rule Flows Have Been Reduced or Streamlined
Download Chapter 1 as a PDF This edition of Ten Thousand Commandments begins with a survey of approaches the Trump administration took in its…
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