Home
/
RELIGION & LIBERTY ONLINE
/
The shrinking of the administrative state
The shrinking of the administrative state
Nov 2, 2024 8:18 AM

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 Approximately1,579 regulatory actions have been withdrawn or delayed, according to the Office of Information and Regulatory Affairs, and that wave is set to continue.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
Verse of the Day
  Commentary on Todays Verse   Complete Concise   Chapter Contents   Exhortations to obedience and faith. 1-6 To piety, and to improve afflictions. 7-12 To gain wisdom. 13-20 Guidance of Wisdom. 21-26 The wicked and the upright. 27-35   Commentary on Proverbs 3:1-6   Read Proverbs 3:1-6   In the way of believing obedience to God#39s commandments health and peace may commonly be enjoyed and though...
Verse of the Day
  Galatians 2:20 In-Context   18 If I rebuild what I destroyed, then I really would be a lawbreaker.   19 For through the law I died to the law so that I might live for God.   20 I have been crucified with Christ and I no longer live, but Christ lives in me. The life I now live in the body, I...
Verse of the Day
  1 Corinthians 3:18-20 In-Context   16 Don't you know that you yourselves are God's temple and that God's Spirit dwells in your midst?   17 If anyone destroys God's temple, God will destroy that person; for God's temple is sacred, and you together are that temple.   18 Do not deceive yourselves. If any of you think you are wise by the standards...
Verse of the Day
  1 John 4:20 In-Context   18 There is no fear in love. But perfect love drives out fear, because fear has to do with punishment. The one who fears is not made perfect in love.   19 We love because he first loved us.   20 Whoever claims to love God yet hates a brother or sister is a liar. For whoever does...
Verse of the Day
  Commentary on Todays Verse   Commentary on Proverbs 15:4   Read Proverbs 15:4   A good tongue is healing to wounded consciences, by comforting them to sin-sick souls, by convincing them and it reconciles parties at variance.   Proverbs 15:4 In-Context   2 The tongue of the wise adorns knowledge, but the mouth of the fool gushes folly.   3 The eyes of the Lord are...
Verse of the Day
  Commentary on Todays Verse   Commentary on Proverbs 22:4   Read Proverbs 22:4   Where the fear of God is, there will be humility. And much is to be enjoyed by it spiritual riches, and eternal life at last.   Proverbs 22:4 In-Context   2 Rich and poor have this in common: The Lord is the Maker of them all.   3 The prudent see danger...
Verse of the Day
  Commentary on Todays Verse   Commentary on Psalm 37:1-6   Read Psalm 37:1-6   When we look abroad we see the world full of evil-doers, that flourish and live in ease. So it was seen of old, therefore let us not marvel at the matter. We are tempted to fret at this, to think them the only happy people, and so we are...
Verse of the Day
  Commentary on Todays Verse   Commentary on Psalm 90:12-17   Read Psalm 90:12-17   Those who would learn true wisdom, must pray for Divine instruction, must beg to be taught by the Holy Spirit and for comfort and joy in the returns of God#39s favour. They pray for the mercy of God, for they pretend not to plead any merit of their own....
Verse of the Day
  Hebrews 11:6 In-Context   4 By faith Abel brought God a better offering than Cain did. By faith he was commended as righteous, when God spoke well of his offerings. And by faith Abel still speaks, even though he is dead.   5 By faith Enoch was taken from this life, so that he did not experience death: He could not be...
Verse of the Day
  Isaiah 61:7 In-Context   5 Strangers will shepherd your flocks foreigners will work your fields and vineyards.   6 And you will be called priests of the Lord, you will be named ministers of our God. You will feed on the wealth of nations, and in their riches you will boast.   7 Instead of your shame you will receive a double portion,...
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved