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Chapter 12: The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests legislative power in Congress. In practice, however, administrative agencies issue the vast majority of binding rules governing economic activity…
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Universal Service Subsidies Have Failed
Introduction In 2024, the United States Court of Appeals for the Fifth Circuit ruled that the indeterminacy of Section 254 (§ 254 hereafter) of the…
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Chapter 11: 2025 Unconstitutionality Index: 19 rules for every law 78
Article I of the Constitution notwithstanding, administrative agencies, not Congress, do most of America’s lawmaking. Congress enacts weighty legislation but delegates the details to agencies.
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Chapter 4: Regulatory dark matter
Although executive actions are typically supposed to deal with the internal operations of the federal government, they increasingly can have binding effect and influence private…
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Chapter 3: Numbers of rules and page counts in the Federal Register
The Federal Register is the daily repository of all proposed and final federal rules and regulations. Although its page counts are often cited as a…
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Chapter 2: Why we need a regulatory budget
The federal government publicly discloses its fiscal costs. It does not disclose most of its regulatory costs. Federal spending programs are funded either by taxes…