“I Love Government”
Regulation, post-9/11.

By Susan E. Dudley, a senior research fellow for the Regulatory Studies Program at the Mercatus Center at George Mason University.
March 26, 2002 9:45 a.m.

 

ince September 11, public support for government has increased as Americans rally together in the face of outside threats.

A Gallup poll conducted just days before the attacks asked Americans whether the government is trying to do too many things that should be left to individuals and businesses, or whether it should do more to solve the country's problems. Fifty-five percent thought the government was doing too much, compared to 36 percent who thought it should do more. When the same poll was repeated, the results flipped; 41 percent thought the government was doing too much, while 51 percent believed it should do more to solve the country's problems.

Other polls show similar high levels of trust in government to "do what's right" following September 11. Such trends are not historically unusual, however. As Robert Higgs documented in his 1987 book, Crisis and Leviathan, federal expenditures increase during war periods, but then never fully recede to their pre-war levels once the war ends. This "ratchet effect" means that periods of crisis have tended to strengthen reliance on the government permanently, while simultaneously eroding individual responsibility and freedom.

The income tax as we know it was first introduced as the nation prepared for World War I. During World War II, income-tax rates not only increased, but were automatically deducted from paychecks. That wartime expedient remained after the conclusion of the war, leaving countless businesses forced into the tax-collection business, and obscuring for many Americans the real fiscal burden imposed by their government.

This ratchet effect is also evident in regulatory activity. Pages in the Federal Register, which has served as a daily compendium of federal rules and notices since 1936, increase by 20 percent on average during national crises (including wars and the "moral equivalent of war" — the 1970s energy crisis). Moreover, growth in Federal Register pages appears to continue on a steeper path after the crisis ends.

Federal Register page counts cannot tell us what different types of regulatory activity are more prevalent during and after war periods, but history suggests that we are more likely to see "economic regulations" during periods of war than "social regulations."

"Economic regulations" directly restrict a firm's primary economic activities such as its pricing and output decisions. During the world wars, the federal government took over factories and railroads to secure supplies for defense efforts. Most of these commandeered resources were returned to private hands at the conclusion of hostilities, but with residual regulatory controls that hadn't existed before the war. The railroads, for example, were returned to their owners in 1920, but the powers of the Interstate Commerce Commission were expanded to include complete control over rates, securities offerings, mergers, and construction, as well as use and abandonment of rail facilities.

Since September 11, airport security is the most visible case of federal assumption of a private activity. The November 2001 aviation security legislation put federal employees in charge of airport security screening for the next three years at least. Like the resources commandeered during previous wars, airport security may be returned to private hands after three years, but only upon the request of individual airports, and only with increased federal regulatory scrutiny.

"Social regulations" are generally intended to promote environmental quality, or the health and safety of consumers and workers. Unlike economic regulations, the greatest increases in social regulations have historically occurred during times of peace and prosperity, rather than in response to wars. The sharpest increase in social regulatory activity occurred during the post-Vietnam period of the 1970s. Higgs suggests that this may be because U.S. wars have served to shift national attitudes and values toward greater acceptance of federal regulation and less reliance on individual responsibility and choice.

America, from its Founding, has been characterized by a skepticism of government. It remains to be seen whether that skepticism can be preserved through these troubled times. As the threat from terrorism fades, elected officials may feel pressure to "lead" on domestic as well as national defense issues. If historical patterns hold, Americans may see a further erosion of our individual freedoms as the federal government moves beyond its unique and essential role in national defense, toward greater federal regulation of private activities.

 
 

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