Home
/
RELIGION & LIBERTY ONLINE
/
The shrinking of the administrative state
The shrinking of the administrative state
Dec 31, 2025 5:48 PM

In just the last year, the regulatory apparatus of the federal government has endured a range of healthy threats and corrections. Approximately1,579 regulatory actions have been withdrawn or delayed, according to the Office of Information and Regulatory Affairs, and that wave is set to continue. “Agencies plan to finalize three deregulatory actions for every new regulatory action” this fiscal year, a recent report noted.

“We’re here today for one single reason,” said President Trump said last December, holding a pair of scissors aside a symbolic mountain of papers: “to cut the red tape of regulation.”

It’s a e development for many businesses, who have struggled amid a growing string of onerous and arbitrary rules and measures. But it’s also a movement that could help restore a bit of hope for republican democracy—taking power away from an unelected, unaccountable regulatory regime and shifting it back to Congress and its constitutions.

As the Hoover Institution’s Adam J. White explains in a recent PolicyEd video, the administrative state has, up until now, largely shielded itself from the eyes and ears of the people it’s supposed to serve:

As we regulate more economic activity, these federal agencies take an ever larger role in day-to-day governance. The consequence is an unelected, largely unaccountable part of the government called the “administrative state.” The growth of the administrative state isn’t an accident. Over time, our elected leaders in Congress have relinquished immense power to federal agencies. The judicial branch is given too much deference to federal agencies. And presidents, who oversee most agencies, have happily accepted the discretion they’ve been granted. The result is that agencies routinely create regulations with little oversight, transparency or incentive to minimize the costs they impose.

So how do we realign the interests of the administrative state with those of the public?

The most obvious is the aforementioned actions of our leaders at the highest levels of government. Trump has claimed to have “begun the most far-reaching regulatory reform in American history,” and his administration is off to a soaring start.According to a letter from Neomi Rao, administrator of OIRA, this isn’t just about freeing up businesses; the administration sees a strong connection between reducing regulation and expanding individual freedom for all:

The Trump Administration recognizes that excessive and unnecessary federal regulations limit individual freedom and suppress the innovation and entrepreneurship that make America great. Starting with confidence in private markets and individual choices, this Administration is reassessing existing regulatory burdens…Our regulatory philosophy and approach emphasize the connection between limited government intervention and individual liberty. Regulatory policy should serve the American people by staying within legal limits and administering the law with respect for due process and fair notice.

But before and beyond Congress and the current President—whose actions can quickly be reversed, in time—we shouldn’t forget that plenty can also be done at the bottom-up levels of the agencies themselves.

With such vocal support for deregulation at the top, these agencies shouldn’t wait passively for specific instruction. As White explains:

[Agencies] can unilaterally adopt reforms to promote transparency and accountability within their own houses. Perhaps the best example of this so far are the efforts at the Justice Department and Education Department to scale back their reliance on “guidance” documents, a broad category of agency pronouncements that regulate the public but that do not undergo even the minimal procedures for public accountability otherwise required of new regulations. If these two departments succeed in reforming their own practices, they e to be seen by the public (and by judges and legislators) as the regulatory equivalent of “best practices,” raising the bar for what we expect of other agencies.

While such changes might seem minor, their impact could long outlive the agencies’ more prominent substantive work…[If] Trump agencies succeed in improving their own transparency and procedural rigor, and if those agencies trumpet those reforms loudly, their Democratic successors may find it difficult to credibly undo those reforms—just as the Clinton administration largely accepted the dramatic OIRA reforms established and entrenched by Presidents Ronald Reagan and George H. W. Bush.

Dismantling those rules and the power of the rulemakers may not have the shimmer and shine of other policies or programs, but it has significant sway over the freedoms and flourishing of everyday Americans going about their everyday lives. Whether from the bottom-up or the top-down, we have the opportunity and climate to rightly assign and confine the regulators to their proper place.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
The Moral Mess Of Myanmar
Greed. Lust. Corruption. Thirst for power. A wretched lack passion for human life. That is Myanmar. Myanmar is home to 1.3 million Rohingya, a religious and cultural minority in what was once known as Burma. The Myanmar government staunchly refuses to recognize the citizenship of the Rohingya, claiming they are all illegal immigrants of neighboring Bangladesh, despite the fact that many Rohingya families have lived exclusively in Myanmar for generations. This lack of citizenship makes the Rohingya vulnerable to trafficking,...
The Moral Limits of Psychology
“Indifference to the moral dimension distorts the study of human action in economics,” says Rev. Gregory Jensen in this week’s Acton Commentary, “so too does it deform the discipline that reaches behind that action to the human mind: psychology.” Built on a sound anthropological foundation and guided by an equally sound morality that is clear on the proper goals of human life, the empirical findings and practical techniques of psychology can foster the flourishing of both persons munities. Unfortunately, as...
Samuel Gregg On Ratzinger And A Culture Of Ignorance
We are five months into 2015, and life is still unjust. People are still ignorant and hurting each other. All the things we hope and pray for – peace, love, faith, understanding – still seem unattainable. Pope Emeritus Benedict XVI (Joseph Ratzinger) has spent his life thinking, theologically, about these things. In today’s Crisis Magazine, author James Day examines Ratzinger’s writings and teachings regarding “the source of mankind’s pervading unhappiness and alienation from each other and God.” Ratzinger has seen...
Radio Free Acton: Acton Goes To High School
What happens when a group of high school students decide to form a group to discuss the intersection of religion, liberty, and markets? At Grand Rapids West Catholic High School, they founded The Acton Club. Acton Institute Director of Programs and Educational Impact Mike C. Cook talks with the founders of the club about their experience over the last year in starting the group and their hopes for the future on this edition of Radio Free Acton. Certificate of Achievement...
Religion & Liberty: From Shark Tank to Redemption
The Houston- based Prison Entrepreneurship Program looks at convicted criminals as if they were “raw metal in the hands of a blacksmith – crude, formless, and totally moldable.” PEP puts prisoners through a rigorous character training and business skills regimen to prepare them for a productive, even flourishing, re-entry to life after incarceration. Ray Nothstine took part in PEP’s “pitch day” presentations where prisoners test their start-up dreams before a panel of business people and investors. He describes his day...
The Myth of Homo Economicus
“As a social psychologist, I have long been amused by economists and their curiously delusional notion of the ‘rational man.’” writes Carol Tavris. “Rational? Where do these folks live?” In a review of behavioral economist Richard Thaler’s new book, Misbehaving: The Making of Behavioral Economics, Tavris notes how economists are slowly beginning to see — or, one could argue, finally returning to the notion — that the discipline ought treat man as more than a mere robot or calculator. “Researchers...
Senate Approves Religious Freedom Measure for Trade Bill
Yesterday the U.S. Senate voted 92-0 to approve an amendment which adds a religious liberty provision to the overall negotiating objectives outlined in Trans-Pacific Partnership (TPP). The addition wouldrequire the Administration to take religious freedom into account whenever negotiating trade agreements within the partnership. During a floor speech on the amendment earlier tonight, Senator James Lankford’s (R-OK)said, “Our greatest export is our American value. The dignity of each person, hard work, innovation, and liberty. That’s what we send around the...
Dear Grads: Welcome To Work
If you’re a college grad, what was your first job out of college? Mine was working at a day-care center. It was not my dream job. I’m not sure I even knew then what my dream job was, but I knew that wasn’t it. There is a lot of talk in the media about the underemployed, people with a skill set that is not utilized fully in their current job. We also have a lot of young people graduating from...
Are You Breaking the Eighth Commandment?
When is the last time you broke the mandment? (Depending on how you count them, thatusuallythe one about “Thou shalt not steal.”) Most of us would say we never (or almost never) break that one rule. We’re not thieves. We’re not swindler. We’re not plunderers. We don’t break that one at all. Or do we? As Kevin DeYoung (and the Heidelberg Catechism) point out, the mandment forbids more than outright robbery: In God’s sight, theft also “includes cheating and swindling...
How Free Trade Helps the Poor
Several years ago economist Bryan Caplan provided the most succinct and helpful statement about how we should think about free trade: “We’d be better off if other countries gave us stuff for free. Isn’t ‘really cheap’ the next-best thing?” As with any simplification, critics could find many reasons to grumble about what that leaves unstated (e.g., trade leads to offshoring of jobs). But it highlights an important point about why free trade matters. Free trade is about as close to...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved