Regulatory Miasma


Too Big to Fail

Unelected Agenda

   The general purpose of regulations is to enforce the will of the people as expressed by their elective representatives through legislation.  OSHA was born out of cries to reduce workplace hazards and injuries.  EPA from a need to reverse pollution. The IRS to enforce and interpret the burgeoning tax code
   There are many areas where government has essentially created larger business entities with which it can deal more effectively, thereby creating "barriers to entry" for start-ups and local competitors.  A local bank can hardly hope to comply with Dodd-Frank legislation because it cannot afford the brigade of lawyers, accountants and economists needed to begin to understand its requirements.  (As an aside, this latest Federal monstrosity is named for the architects of the last recession -- then Congress, having engineered the problem, steps in to "solve" it with more arcane rules it does not understand.)  Giant governments demand giant businesses as impersonal as themselves.
   As the Congress has pushed more and more of its responsibility onto the Executive (a game of hot potato to secure their sinecures?), the Executive has chosen to rule by fiat, to make up rules as they go along and enforce them through the agencies.  Periodically we get people like Lois Lerner who have a lifetime in their sinecure, and who act on their own or at the "wink-wink, say no more" nudge of their superiors to bring on imprecise enforcement that favors friends and harms enemies.  Or the Executive orders the agencies to seize power at the behest of one or more of his darlings.  And the latter is approved because "our guy" did it.

Unfettered Growth

   Some State legislatures have Repeal sessions in which they "clean out the closet" by rotating through sections of past legislation to see what needs amendment, alteration, or better yet, repeal (i.e., removal because the people can do this on their own).  One of the tasks assigned Hercules was cleaning out the Augean Stables; our legislative and administrative bodies have engaged in these Herculean tasks in the past, but we are still left with more law than any person can reasonably be supposed to know.

Congressional Duty

Sound Regulation is Needed

   It is hard work, but Congress has a duty to write clear laws that can be read and enforced by the people without resort to giant agencies.  The growth of government is great for political patronage, but the ability of the businesses and the people to self-regulate given clear guideline has been lost in translation.  Diverting a river to clean out the regulatory stables risks undoing much that is sound, but we know that if we elect the same sinecure holding man we will just get more of the same: more laws and more regulations to fix the surfeit of laws and regulations.  I will try to make government a lean entity which seeks to lessen its presence.
   Complete deregulation invites the conduct of Jay Gould and Andrew Carnegie to the forefront.  There are people who must push the envelope for their own ends, public good be damned.  But we do not need 73,000 new pages of regulations year after year after . . ..