Tag: Regulations

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Trump Moves Against Excess Regs

There are substantial reasons for President Trump’s January 30 announcement of significant cuts in regulations.

The executive order, “Reducing Regulation and Controlling Regulatory Costs,” directs agencies to eliminate two current regulations for every new one initiated. The goal is to set annual limit on the cost of new regulations, according to sources close to the President.

The White House had previously noted that “In 2015 alone, federal regulations cost the American economy more than $2 trillion. That is why the President has proposed a moratorium on new federal regulations and is ordering the heads of federal agencies and departments to identify job-killing regulations that should be repealed.”

The move is the second action by the new Administration affecting the over-regulation crisis.

On January 20, the same day as the Mr. Trump was inaugurated, , a memorandum entitled “Regulatory Freeze Pending Review” was issued. That measure read “With respect to regulations that have been published in the [Federal Register] but have not taken effect, as permitted by applicable law, temporarily postpone their effective date for 60 days from the date of this memorandum… for the purpose of reviewing questions of fact, law, and policy they raise.”

The reasons for the White House moves are substantial. As the New York Analysis of Policy and Government  reported in 2016, President Obama broke records when it comes to over-regulating the American people.  Research by the Competitive Enterprise Institute (CEI) indicates that the Administration was on pace to enact 89,416 regulations in 2016. In mid-October, the total had already reached the 70,318 mark.
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CEI notes: “six of the seven all-time high federal register page counts have happened under the Barack Obama administration. So this year is set to be a massive record-breaking year in terms of rulemaking, at least according to Federal Register heft. It is quite likely the Federal Register could top 90,000 pages.”

Washington’s addiction to regulation is more than just a nuisance. The CATO institute asserts that “It is widely recognized that excessive regulation is unnecessarily killing jobs.”

The Daily Signal found that “job-creating entrepreneurs in the United States have been dispirited by the scope and cost of escalating red tape…Since 2009, the expansion of Uncle Sam’s regulatory control has been one of the prime culprits in America’s startling decline in economic freedom and overall competitiveness. Each new edict has meant a new government bureaucracy that entrepreneurs and producers must navigate. Worse, the trend of overregulating our economy has also bred cronyism and tarnished our free-market system. As reported in the 2015 Index of Economic Freedom, an annual study that benchmarks the quality and attractiveness of the entrepreneurial framework across countries, the United States remains stuck in the second tier economic freedom rank of the ‘mostly free,’ with its business freedom score plunging to the lowest level since 2006. This increased regulatory burden, aggravated by favoritism toward entrenched interests, has notably undercut America’s historically dynamic entrepreneurial growth. A 2014 Brookings Institution analysis shows that with business exits now exceeding new business formations, entrepreneurial dynamism in the United States has been steadily dwindling. In light of the excessive and costly regulatory environment, it is not surprising that America’s ongoing economic recovery has been far from dynamic. Fewer Americans can prosper in this overregulated economy.”

The cost of compliance with the tidal wave of regulatory mandates is overwhelming. CEI estimates that in 2015, regulatory-related expenses were approximately $1.88 trillion, 10% of the entire American GDP and over 5 times the cost of federal corporate income taxes that year.

It’s not only businesses that have been impacted. The Competitive Enterprise Institute has also found that regulations cost each US household “$14,974 annually in regulatory hidden tax, or 23% of the average income of $65,596.

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Legislation Seeks to Restrict Excess Rules and Regulations

A battle is brewing in Washington as President Obama seeks to accomplish his goal of empowering the federal government, through the passage of numerous regulations, to an unprecedented degree before he leaves office.

The imbalance between regulations, which are passed largely without any substantial input by either the Congress or the people, and actual legislation is substantial. The Competitive Enterprise Institute (CEI) notes that “Congress passes and the president signs a few dozen laws every year. Meanwhile, federal departments and agencies issue well over 3,000 rules and regulations of varying significance. A weekday never passes without new regulation. Beyond those rules, however, we lack a clear grasp on the amount and cost of the many thousands of executive branch and federal agency proclamations and issuances, including memos, guidance documents, bulletins, circulars, and announcements with practical regulatory effect. There are hundreds of “significant” agency guidance documents now in effect, plus thousands of other such documents that are subject to little scrutiny or democratic accountability….In addition to non-congressional lawmaking, the executive branch often declines to enforce laws passed by Congress… without Congress actually passing a law … the federal government increasingly injects itself into our states, our communities, and our personal lives.”

The cost factor of all this bureaucracy is extraordinary.  Senator Joni Ernst (R-Iowa) notes that the Obama Administration’s major regulations have cost $600 billion  in  since 2009.

A Heritage Foundation study of regulatory action in 2014 found that “… regulatory overreach by the executive branch is only part of the problem. A great deal of the excessive regulation in the past six years is the result of Congress granting broad powers to agencies through passage of vast and vaguely worded legislation. The misnamed Affordable Care Act and the Dodd–Frank financial-regulation law top the list.

“…The federal government does not officially track total regulatory costs, as it does with taxation and spending. Estimates of these costs from various independent sources range from hundreds of billions of dollars to over $2 trillion annually…the number and cost of new regulations, and both have grown relentlessly.”

One visible impact of America’s excess regulation is that the U.S. ranks a dismal 49th on a list of nations in terms of ease of starting a new business, according to the World Bank Group.  That results in increased unemployment.

U.S. Congressman Tim Walberg (R-MI), U.S. Senator Joni Ernst   (R-IA), and U.S. Senator Ron Johnson (R-WI) have introduced bicameral legislation, the Midnight Rule Relief Act, to prevent a surge in costly federal regulations as a President’s term comes to a close. According to Rep. Walberg  (R-Michigan) “Given the Obama administration’s tendency to overregulate and overreach, the American people can expect to see a surge of last minute regulations in the President’s waning days in office…This bill will hold outgoing administrations in check.

The legislation would:

  • Establish a moratorium period beginning on the day after the election through the inauguration on new regulations that cost the economy $100 million or more annually, or result in major cost or price increases for consumers, industries, or government agencies.
  • Include exceptions for rules that are necessary for imminent health or safety threats, enforcement of criminal laws, and national security.
  • Exempt rules that are limited to repealing existing regulations.

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In 2015, Ernst also co-sponsored the REINS Act,  which would hold elected officials accountable to approve new major rules & regulations. The REINS Act would:

  • Designate a ‘major rule’ as any rule or regulation that the Office of Management and Budget (OMB) determines to have a yearly economic impact of $100 million or more.
  • Require passage by a roll call vote in Congress and presidential signature before any new ‘major rule’ can be enacted.
  • Give Congress the ability to block burdensome new rules and regulations imposed by federal agencies.
  • Restrain the power and broad discretion of federal agencies to impose significant ‘major rules’ without congressional oversight or public discussion.
  • Pave the way for transparency and accountability within the federal rulemaking process.

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Freedom Under Attack

America was founded on the concept of individual freedom. The 13 colonies went to war, and proclaimed their independence, to provide a level of personal rights never before experienced by any people in the history of the world. A unique guarantee—the Bill of Rights—was embedded in the foundational laws of the country to insure and enshrine that concept.

The terrible imperfection in the early history of the United States—the existence of slavery—was resolved in the nation’s bloodiest conflict, a Civil War fought to make all men free. Voting rights for women followed. The practice of segregation was eventually legislated out of existence.

But has America’s inherent and underlying purpose for existence—individual rights—being driven to extinction?

There is a disturbing and rapidly growing trend in federal and state governments, in academia, and in the private sector as well, towards restricting personal freedom to a degree never before experienced by U.S. citizens.

Over the past seven years, we have seen Washington virtually hijacked by those who place the power of the federal government over the rights of individuals.

The Internal Revenue Service has been used to suppress those that disagree with President Obama.

The Environmental Protection Agency has been employed to attack private property rights in a manner that has nothing to do with preserving the health of the planet and everything to do with imposing federal control over privately held land.

The Federal Communications Commission has made several attempts to impose controls over the media. One example: an aborted move to place FCC “monitors” in news rooms. Another worrisome move: By this November, the White House’s weird action of replacing America’s internet control from U.S. oversight to an international body influenced by nations that favor censorship will be complete.

The Affordable Care Act (Obamacare) runs roughshod, despite the First Amendment, over religious organizations that object to being forced to fund procedures they find objectionable.
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An explosion of regulations affecting virtually every aspect of the way Americans work and use their property forces citizens to constantly look over their shoulder when going about their daily lives.

Washington is not alone in the disturbing trend to restrict personal freedom.

According to the National Conference of State Legislatures, “All 50 states regulate the way money is spent in politics and elections…”

In the abstract, regulating the influence of money in politics may seem like a good idea.  The problems, however, are numerous. The regulations work to enhance the chances of incumbents, no matter how bad their records are, to win re-election against challengers.  New York State provides a prime example.  Elected officials in the notoriously corrupt Empire State government are more likely to leave office due to death or criminal conviction than through elections in which challengers have a fair chance. Restricting campaign spending inevitably leads to restrictions on free speech, and restrictions on free speech inevitably allows crooked, lazy, or inept legislators to remain in office.

Some local governments simply ignore portions of the Bill of Rights.  In many large cities, the Second Amendment is regulated into nonexistence by a host of restrictions that make it exceptionally difficult and expensive for private citizens to exercise this freedom.

The attack on freedom doesn’t just come from government. Throughout academia, the imposition of left wing views on students takes place on a regular basis. Students with more traditional American views are threatened with bad grades or worse.  Some campuses restrict contrary views to so-called” free speech zones” that limit the chances of reaching a broad audience.  There have been numerous calls to criminally prosecute individual scientists who disagree with the prevailing belief in the man-made global warming theory.

A number of major corporations have also abandoned traditional support for individual rights. Some social media companies actively restrict views which they disagree with from their sites. A number of major companies penalize employees for taking positions, even on private time and away from their worksites, that corporate leaders disagree with.

Taken as a whole, all of these factors combine to change the very essence of what America is.  The United States was born out of a desire to have a nation where the citizens, not the government or any other powerful group, ruled. Piece by piece, right by right, that dream is being dissolved within our lifetime. It’s time for the “Spirit of ’76,” –the rights of the individual over that of the government or any other institution—to be restored.

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Rise of the Administrative State

America’s entire way of government—with laws passed by legislators elected by the citizenry—has become increasingly jeopardized as the administrative state has grown to nearly uncontrollable levels.

Joseph Postell, writing for Libertylawsite, notes that “Multiple scandals involving myriad federal agencies have placed the administrative state front-and-center in many Americans’ minds. Though the scandals involve overreach by specific agencies, they raise broader and more profound questions that extend to the entire federal bureaucracy because the institutional problems are systemic…Astonishingly, we still don’t fully understand how responsible the President is for the actions of administrative agencies (such as the IRS…) Simply put, if the administrative state is really accountable, legally and practically, to the President, then it is not a “fourth branch” of government but merely part of the executive branch, accountable to the public… Today’s administrative state, therefore, makes a mess of the constitutional separation of powers and its careful adjustment of incentives, checks and balances. In such a system, what role can and should the courts play in reviewing agency decision-making? Here is where a deeper understanding of the courts’ historical role in administration is most needed.”

Roger Pilon, writing in CATO, asks “…Is there anything today that is not fit for government’s attention? Large sodas and restaurant menus have lately garnered notice. Retirement, health care, day care, wages, rents, prices, charity, even public radio and television—all that and so much more is the regular business of modern American government …late 19th and early 20th century Progressives. … believed they knew better than the rest of us what our true interests were. …Progressive social engineering took many forms, but its efforts to change the world focused mainly on the political branches. Its aim was to replace judge-made common law, which established the legal framework within which individuals and organizations pursued their interests, with statutory law, enacted by legislatures and, in time, by the administrative agencies in the executive branch…Thus the shift from law grounded in principle to law as policy, from reason to will, and to the politicization of law—precisely what the Constitution sought to avoid. When all is politics, nothing is law.”

This generic viagra 25mg gets dry and fosters inflammations with the protective mucus membranes within your intestines… viagra generic This helps to improve circulation and overall health. There are too many reasons which can affect the fertility of a few patients, but for the overwhelming viagra cheap no prescription majority of patients, it’s null. In this condition, the curvature to the organ is well lubricated sildenafil tablets india and flexible, it is easy for treating with appropriate medication. Forbes magazine recently observed “The number of agencies that enact, enforce, and adjudicate disputes over their own regulations has grown exponentially over the past century. …The new trend in regulation has been the use of “guidance” as a means of avoiding even “informal rulemaking”—the laxest kind of executive lawmaking that requires only public notice, a comment period, and detailed explanations of an agency’s decision. Agencies are now free to guide the nation without even these simple procedures …

In many cases, agencies’ budgets are also self-determined…The courts have… diminished their own authority to check the executive agencies by making it difficult for citizens to challenge agency actions in court…We need to stop kidding ourselves. Despite what is taught in our schools, we are not governed under the political structure envisioned by our founders. We are ruled by an imperious bureaucracy that creates vague rules, funds itself with fees that is sets at will, and controls the adjudication of disputes when citizens complain about its actions.”

Philip Hamburger, in the Hillsdale College publication Imprimis, warns: “[The] danger is absolutism: extra-legal, supra-legal, and consolidated power…we should demand rule through law and rule under law. Even more fundamentally, we need to reclaim the vocabulary of law: Rather than speak of administrative law, we should speak of administrative power—indeed, of absolute power…then we can at least begin to recognize the danger.”

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Regulating America into bankruptcy

The Competitive Enterprise Institute has released a troubling report on the impact of federal regulation on America’s economy.

The study finds that that Washington’s requirements impose a heavy burden on the nation, costing $1.863 trillion annually; that’s 11.1% of the U.S. GDP.  Compliance costs the private sector more than the entire corporate income tax. Administering this vast body of regulations, which outnumber actual laws by a factor of 51 to one, costs as much as $57.3 billion.

The actual price tag for each household stands at $14,974 each year, more than the average spent by families for food, transportation, entertainment, apparel, or services.
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Four of the five all-time high Federal Register page counts have occurred under the Obama Administration.  Pages devoted to final rules have risen to an all-time high of 26,417. The problem is getting worse. 3,305 new regulations are in the pipeline, many affecting small business at a time when they are exceptionally vulnerable.

CEI notes that agencies have failed to examine whether the alleged benefits from all this red tape exceeds the dramatic costs. There is an even more central question: should—and is it constitutional–that this extraordinary level of control over the actions of U.S. citizens and businesses be delegated to unelected agencies?

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Key decisions need to be made by Congress, not the federal bureaucracy

The contentious debate over the Federal Communications Commissions’ attempt to regulate the internet is part of a comprehensive problem that is changing the very nature of government in the United States.

Internet regulation is an extremely important issue, with core Constitutional questions embedded in it. Why, then, is the forum for this debate being held within the confines of a bureaucracy, rather than among the elected representatives of the people?

Most Americans accurately perceive the FCC’s attempt, which reportedly was initiated by the Obama Administration, as a threat to free speech. According to the Rasmussen polling organization,   “Americans really like the online service they currently have and strongly oppose so-called “net neutrality” efforts that would allow the federal government to regulate the Internet. The latest Rasmussen Reports national telephone survey finds that just 26% of American adults agree the Federal Communications Commission should regulate the Internet like it does radio and television. Sixty-one percent (61%) disagree and think the Internet should remain open without regulation and censorship. Thirteen percent (13%) are not sure.”

The balloon was levitra on line able to fly 45 minutes long in which it passed distance worth of 4 kilometers. It is a very quick purchase generic cialis cute-n-tiny.com objective test that can help improve your erectile function. Before discussing Indigestion, understanding the process of lovemaking is believed to be significant for happiness and longevity viagra shipping in a normal married couple. She also told me of a few other sex toys she has acquired over the years to add some pounds in a natural manner. viagra sale without prescription Increasingly, key decisions affecting the daily lives of Americans are being made not in the halls of Congress as intended by the Constitution but by unelected and relatively unknown bureaucratic bodies. According to the CATO institute, “In the 125 years since Congress created the first regulatory agency, the number of agencies and the scope and reach of the regulations they issue have increased dramatically. In 2014, there are over 70 federal regulatory agencies, employing over 300,000 people to write and implement regulation. Every year, they issue thousands of new regulations, which now occupy over 168,000 pages of regulatory code.”

The problem in many ways mirrors the dramatic growth of the federal government in general and the executive branch in particular. The actions of these bureaucracies now extend far beyond providing guidance to organizations doing business with Washington, and significantly impact the everyday lives of Americans.

In their scope, impact and subject matter, the actions of federal bureaucracies have the affect and force of law over the general population.  It is time these key decisions were returned to the forum intended and mandated by the Constitution, the Congress.

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Americans Giving Up The Job Search

The latest jobs report from the  U.S. Bureau of Labor Statistics  provides little encouragement for Americans desperate for work.

As a result of the dismal record of job creation over the past six years, a product of policies including the world’s highest corporate tax rate, the additional expenses brought on by Obamacare, slowdowns in military contracting and other government employment, unnecessarily high energy prices, and the overall uncertainty brought about by a generally anti-business environment, and a variety of other factors, more Americans are out of the labor force than at any time since 1978.

The Center for Economic and Policy Research  notes that that “the decline in labor force participation has been striking.” 92,269,000 Americans 16 and older aren’t participating in the labor market.

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The Heritage Foundation’s recent report indicates that  “over 6.9 million fewer Americans are working or looking for work. This drop in labor force participation accounts for virtually the entire reduction of the unemployment rate since 2009…Demographics changes—such as retiring baby boomers—explain less than one-quarter of the decrease in labor force participation. More people collecting disability benefits and more people studying in school account for the rest of the drop. Both factors reflect the difficulty of finding work. Fully 6 percent of U.S. adults are on Disability Insurance.Job creation fell sharply after the recession began and has not recovered. The government’s response has been largely ineffective.6Instead of voting for vast subsidies and public works programs, Congress should reduce the tax and regulatory burdens on businesses.”

A MSN Money analysis   provides worrisome news for the group that should now be a key component of the work force—millennials. “Millennials are giving up. This generation, also known as Generation Y, was born between 1977 and 1994, and is having a serious problem finding work. They aren’t getting the jobs that have come back in the recovery. As a result, 36% of them still live with their parents, they aren’t working and they’re feeling pretty miserable about the whole thing. Their parents can’t be too thrilled, either.”

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Government Regulations Brew Problems

Americans have become aware of the extraordinary overreach of government, and a recent event in Washington, D.C. highlights why they can’t even have a good drink to escape their misery.

This week, an event in the nation’s Capital entitled “How Government affects your Beer” caught the attention of the Competitive Enterprise Institute think tank.  The discussion at the so-called drinking seminar, reported by CEI, detailed the ridiculous and unjustified meddling of various laws in the brewing business.

The DC Beer publication notes that “From taxes, which make up about half the cost of a beer, to the one man in the Treasury Department who approves every beer label, to the laws that dictate how brewers can sell their beer, rules and regulations have a huge impact on the cost, availability, and variety of beer in the market.”

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But the beer industry continues to be hampered by ongoing, absurd regulations. There are, for example, prohibitions against  direct sales to the public by breweries, which must first go through distributors, an industry which has shrunk from 3,250 in 1990 to less than 1,500 in 2013, according to the  Beer Institute data.

The overlarge and overbearing nature of government profoundly affects every facet of American life, and has generally produced far more harmful than helpful results.

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Obama’s Jurisdictional Confusion

The Obama Administration is displaying a deeply disturbing, fundamental lack of comprehension concerning the role of the federal government, and the dominion of its various agencies. The problem is reflected in issues both foreign and domestic, and is profoundly changing the relationship between Washington, the states, and individual American citizens.

The White House response to the recent beheading of an American journalist, as well as the 9/11/12 attack on the U.S. facility in Benghazi is illustrative of this deep confusion.  Each of these actions were military in nature, the former performed under the aegis of an adversarial armed force, the latter by organized terrorists using the weapons and tactics of war.

Rather than allow the appropriate organization, The Department of Defense, to timely respond, the Justice Department was absurdly given jurisdiction.  This is an irrational move for two key reasons. First, enemy military organizations are not vulnerable to nor concerned with American jurisprudence. Second, DOJ simply doesn’t have the capability to bring a foreign military to heel. Indeed, as has been amply demonstrated, even the heroic arrest or elimination by Special Forces of individual culpable leaders, Osama bin Laden being a prime example, does nothing substantive to reduce the threat.  Bin Laden is dead, but Islamic extremism is stronger than ever. Removing major figures has only strengthened the resolve of the movement, which now controls more territory than ever, a direct consequence of the Obama Administration’s decision to prematurely remove U.S. forces from Iraq and its announcement of a departure date from Afghanistan.

Domestically, the Department of Justice has failed to prosecute the tidal wave of illegal aliens flooding through America’s southern border, but has not hesitated to move against state and local officials seeking to do this vital task that the White House has abandoned.

It’s bewilderment over what it is supposed to do—and what it has no jurisdiction over– can also be seen in the events that occurred in Ferguson, Missouri. The proper course of action in the wake of the shooting of a black robbery suspect by a white police officer was to have the Missouri state legal system investigate and take appropriate action. No evidence of a civil rights violation was established before Attorney General Eric Holder became involved, sending numerous FBI agents to the area and travelling there himself. Since a civil rights violation had not been established, DOJ lacked jurisdiction and its presence was inappropriate.

In contrast, The Department of Justice has repeatedly refrained from investigating fairly obvious actions which affected Americans’ fundamental rights, including acts of voter intimidation, the harassment of journalists, and the abuse of the Internal Revenue Service involving partisan political attacks. It has also consistently interfered with states seeking to insure that their voter registration rolls are accurate.

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Washington’s overreach has created a regulatory climate that is Kafkaesque.

In his 2013 testimony before the Congressional Committee on over-criminalization, John G. Malcolm of the Heritage Foundation Stated: “… buried within the 51 titles of the United States Code and the far more voluminous Code of Federal Regulations, there are approximately 4,500 statutes and another 300,000 (or more) implementing regulations with potential criminal penalties for violations.  There are so many criminal laws and regulations, in fact, that nobody really knows how many there are, with scores more being created every year.  And that’s just federal offenses.”

It is clear that the Constitution never envisioned this vast and direct role for the federal government. The Bill of Rights’ Tenth Amendment clearly states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

This combination of confused jurisdiction between individual federal agencies, combined with Washington’s constitutionally inappropriate overreach into the jurisdiction of the states, reflects a government badly at odds with both common sense and its own founding principles.

 

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The EPA’s Regulatory Tidal Wave

In March, the Congressional Research Service issued a report entitled “EPA Regulations: Too Much, Too Little, or Right on Track.”

“Since Barack Obama was sworn in as President in 2009, the Environmental Protection Agency (EPA) has proposed and promulgated numerous regulations implementing the pollution controlstatutes enacted by Congress. Critics have reacted strongly. Many, both within Congress and outside of it, have accused the agency of reaching beyond the authority given it by Congress and ignoring or underestimating the costs and economic impacts of proposed and promulgated rules.The House has conducted vigorous oversight of the agency in the 112th and 113th Congresses, and has approved several bills that would overturn specific regulations or limit the agency’s authority. Particular attention has been paid to the Clean Air Act; congressional scrutiny has focused as well on other environmental statutes and regulations implemented by EPA…

“EPA states that critics’ focus on the cost of controls obscures the benefits of new regulations, which, it estimates, far exceed the costs. It maintains that pollution control is an important source of economic activity, exports, and American jobs, as well. Further, the agency and its supporters say that EPA is carrying out the mandates detailed by Congress in the federal environmental statutes.”
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Other studies, including one by CNS news  document the extraordinary number (2,827) and length (24,915 pages) of EPA final regulations.

Today, the New York Analysis of Policy & Government reviews the most onerous of the EPA’s actions, its planned implementation of the President’s Carbon Emissions program.