A thing you can do if you really want to go off the deep end for about twenty minutes: Go to regulations.gov and have a good hard look at politics in action. You want to tuck into the federal regulations dealing with migratory birds? Review, in all its glory, Kathleen Sibelius’s mandatory obesity rating for every American (another gem tucked into the stimulus bill)? It’s all in there, and the reasoning for making a federal issue out of your fat can is documented in excruciatingly precise language.
Just take a random sample for the flavor, if you can bear it:
Proposed subparagraph (h) also proposes to require the importer to maintain these records in an organized manner and either electronically or in a central location, at or in close proximity to the NHP facility, to allow CDC to inspect the records during CDC site visits during regular business hours or within one hour of such visits. Before distributing or transferring an imported NHP, an importer must communicate to the recipients of NHPs, in writing, the restrictions and definitions of permitted purposes and obtain written certifications from the intended recipient that the NHPs will be used and distributed for one of the permitted purposes before the NHPs are sent to them. CDC is soliciting public comments on these proposed requirements.
That’s from the regulations touching what Americans are and are not allowed to do with an imported monkey. (Approved purposes for monkeys include getting them high on cocaine, another project funded by the stimulus.) I’m not sure whether that monkey in The Hangover 2 is a domestic NHP (that’s non-human primate) or an imported one, but you can be sure that, either way, the handling of it is subject to regulation from more than one federal entity. (The bananas, too.)
If you go to regulations.gov and do a search for all of the existing and proposed rules, the listing of headings alone runs more than 6,000 pages, containing more than 61,000 items. That’s not the whole shebang, of course — just what’s available on the web site. The Federal Register, within living memory about the size of a family Bible, today takes up about 30 feet of shelf space.
Out of these millions of words of small-print lawyerese, Obama’s regulatory czar, Cass Sunstein, has identified about 30 regulations he’d like to see repealed, as part of a review of regulations mandated by an executive order. That’s nice. In 2010 alone, Mr. Sunstein and his colleagues inflicted 43 new “final rules” (which is what regulators call regulations), on the country, half again as many as the total number of regulations he has sifted of the vast galaxy of administrative law. The trend is against us.
And more regulations are on the way. A surprising number of our regulations are intended to improve regulation, reduce paperwork, enhance transparency, etc. If you want to pull all your hair out, read the federal regulations about improving regulatory practice.
Some of the regulations Mr. Sunstein has targeted are nice candidates for repeal. For instance, because milk contains fat, it is regulated the same way as petroleum is — milk fat being an organic oil. That means that people who ship and package milk have to be prepared to clean up the Exxon Valdez, basically, spilt milk being the same thing as spilt crude in the eyes of the bureaucrats, costing the dairy industry about $67 million a year. This has led to a lot of “crying over spilt milk” jokes, and it is easier to repeal regulations that make people laugh. So, there’s one down.
Mr. Sunstein shares his thoughts on the matter in the Wall Street Journal today. You would think that the attention he has lately paid to the millions of wasted man-hours and trillions of wasted dollars entailed by our gigantic regulatory apparatus would have him rethinking the scope of the regulatory enterprise. You would be wrong.
You’ll note I wrote “trillions of wasted dollars” above, not billions. That’s not a typo: The annual cost of regulatory compliance in the United States runs about $1.75 trillion a year. As the Heritage Foundation points out, that means that regulations cost Americans more than do individual income taxes.
With that in mind, I cannot honestly write, “Thanks for nothing, Mr. Sunstein.” Instead, I’ll offer: Thanks for the functional equivalent of nothing, Mr. Sunstein.
— Kevin D. Williamson is a deputy managing editor of National Review and author of The Politically Incorrect Guide to Socialism, published by Regnery. You can buy an autographed copy through National Review Online here.
When Obama announced during his State of the Union Speech that he was going to do a regulatory review and make sure our salmon fisheries weren't over burdened with reporting, I nearly laugh myself off my chair...he tried to make it sound like it was his brilliant idea when, in fact, the President is required by law to do a regulatory review every ten years.
It does not at all surprise me that they came up with a token set of regulations to can - "declare victory over waste, fraud and abuse, and lets now move on!"
PATHETIC!
Reply to this commentLinkReport AbuseThis should be a huge part of the GOP agenda. It would do as much to boost the economy as any tax cut, provide a modest reduction in government spending, and greatly enhance personal liberty.
Reply to this commentLinkReport AbuseBetter than a tax cut, even! The regulated don't have to spend the compliance money, and the government doesn't have to spend the enforcement money. Win-win.
Reply to this commentLinkReport AbuseI know this can never be but what the hey... I propose that we study the effects of removing the ability of congress to allocate, spend, manufacture or otherwise suggest spending any funds for any purpose at any time. We could run this along side the regular stuff that goes on now. Report the effects in the same manner as all other 'shocking' findings that seem to appear from the various government agencies. Finally we can compare the costs of each and submit the results to an independent study group of various academic disciplines to seek the ramifications for the various sub-groups, ethnicities, minority stakeholders, women and children and how they would be effected.... Makes about as much sense.
Reply to this commentLinkReport AbuseRegulations are all part of central planning, a.k.a. socialism. The greatest damage they entail is the unseen. The $1.7 trillion is a drop in the bucket.
Reply to this commentLinkReport AbuseThis issue cannot be overemphasized. The dampening effect of regulation on America's economic growth is substantial. Not only do we continuously add (almost never remove) more regulations, but the regulations themselves grow exponentially longer and more opaque. Whereas a regulation like Rule 10b-5 under the securities laws (written in the 40s) covered the whole of insider trading in about half a page, rules written today span hundreds of pages while regulating ever more granular levels conduct. And in most cases, the actual writing of rules is assigned to recent graduates with zero experience or understanding of how their work product actually affects the private sector.
Reply to this commentLinkReport AbuseNice, now there is a "Reply to this comment" feature. This has nothing to do with the topic except everything. Now topics will be better organized. Thanks to the guys at NRO who continuously evolve to keep up with the blogging trends.
Reply to this commentLinkReport AbuseWhen Dan Quayle was VP, he oversaw the work of the Council on Competitiveness to reduce the regulatory burden. He was apparently very effective. Here's a quote from OMB Watch in Jul 92: "Quayle's Council on Competitiveness interfered in an unknown number of regulatory programs, promoted anti-consumer policy proposals, and backed an array of deregulatory, pro-business legislative initiatives."
Reply to this commentLinkReport AbuseNot only should we be worried about the economic impact of this backdoor totalitarianism, but we should also worry about the social impacts. Given the radically extreme views of many in the Obama administration, who is to say they could not use regulation to make life very difficult for those who choose to have children. A blatent one child policy in this country would never fly, but through the backdoor there are many ways to increase the burden on families. As an example, when you combine car seat laws with mandatory vehicle efficiency, you have less room for children in your car and few families can afford a large fuel efficient vehicle. Given the prevalence of human hating population controlling radicals that are currently in high places, I think there is reason to worry.
Reply to this commentLinkReport AbuseRight on target, Olivia.
Yes, folks... we need to think like chess players - several moves ahead!
Reply to this commentLinkReport AbuseHow about a new regulation requiring the repeal of four old regulations in order to create a new one?
Or better yet 50 old regulations repeal for a new one.
Reply to this commentLinkReport AbuseRegulators are regulating the regulation of regulation for the distinct regulatory purpose of regulational control. When regulating regulars, regulatory control is best regulated through strict regulatory regulation when the regulatory regulators of the current regulation are regulating.
Reply to this commentLinkReport AbuseWhile getting control of the regulatory agencies is important, much of the needed de-regulation ought to be done legislatively. Congress needs to start writing specific legislation without giving broad authority to the agencies to write regulations. And in many cases it ought to just repeal the whole statute.
Reply to this commentLinkReport AbuseStarve the beast. It is the only way to make government smaller. Accept the coming bond market collapse and rejoice in it's arrival. Don't allow any new tax increases for any reason. HOLD FAST.
Reply to this commentLinkReport AbuseEric is absolutely correct. The problem lies in lazy legislators who write broad brush laws and then allow unelected regulators to fill in the substance. In my mind, this is an unconstitutional delegation of the legislative's authority to the executive branch.
All regulation should be sunset over a five year period. Legislation should mandate that Congress expressly approve any new or replacement agency regulations so that we can put the devils on record.
Reply to this commentLinkReport AbuseYou wonder about these bureaucrats like Cass Sunstein. Do they ever find themselves awake in the wee hours of the morning unable to return to sleep, contemplating their existence? Do they ask themselves - how did I turn into this? How did I become this soulless automaton that seeks to manage every aspect of human life in this country, from the amount of water an American is allowed to use when he flushes the toilet to the paperwork required for the importation of Non-Human Primates? Surely these people were like other children in their youth, dreaming of being an astronaut, fireman, doctor or perhaps a racecar driver when they grew up. Surely none of them dreamed of being the "Administrator of the White House Office of Information and Regulatory Affairs", or at least I hope not. Do any of these people responsible for writing these 30 ft of regulations ever pause to ask themselves "how the hell did I end up doing this nonsense"? I suppose it's helpful not to be too introspective when one becomes a cog in the federal bureaucracy.
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