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U.S. Constitution
See other U.S. Constitution Articles

Title: The Big Repeal
Source: AS
URL Source: http://spectator.org/archives/2011/08/09/the-big-repeal
Published: Aug 9, 2011
Author: Ryan Young & Jacqueline Otto
Post Date: 2011-08-09 16:19:20 by CZ82
Keywords: None
Views: 6559
Comments: 11

The Big Repeal

By Ryan Young & Jacqueline Otto on 8.9.11 @ 6:07AM

In 1787, there were four federal crimes. Now there are over 4,000. The Code of Federal Regulations runs over 157,000 pages. America is overlawyered and overregulated, and the economy is suffering for it.

Congressmen from both parties recognize this. But reform eludes them. It isn't necessarily their fault. Congress's institutional structure is geared towards passing laws and regulations, not repealing them. True reform needs to happen at the institutional level.

Economics has just the tool for identifying such reforms: price theory. It's a lot simpler than it sounds. When something is cheap, it tends to be abundant. But when that something becomes expensive, demand goes down.

Right now, the "price" of passing a law or regulation is relatively cheap. Just look how many there are! But the "price" of repealing a law is steep. It caused a national uproar when a January executive order from President Obama led to the repeal of 30 regulations.

In an average year, Congress will pass about 200 bills and agencies will enact over 3,500 regulations. Each one is viewed as an accomplishment to be touted in front of cameras and microphones. It's good for business. Voters like it when politicians "do something." Agencies gauge their success by how much they spend and how many rules they pass, as opposed to actual accomplishments.

Repeal is much more politically expensive. Almost every program and regulation has its vocal defenders. Many regulations give some companies an unfair advantage over their competitors. They will fight tooth and nail to keep government's thumb on the scales. Rare indeed is the lobbyist who asks to get rid of special treatment. In short, the rules of the game are stacked in favor of regulation, and against repeal.

The rules of the game, then, need to be changed. One way to do this: give states a veto power over federal rulemaking. William Howell, Speaker of the Virginia House of Delegates, and Randy Barnett43;, a Georgetown University law professor, have proposed adding a repeal amendment to the Constitution that would read:

Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.

This, Howell and Barnett argue, would give the states a recourse without having to go though federal court. It will also make Congress more reluctant to pass rules in the first place that are burdensome at the state level.

Short of that, the House and Senate could establish repeal committees. These committees would be unable to pass laws and regulations, only to repeal them. Its members would be ineligible to sit on other committees. The only accomplishments they would be able to tout to voters would be how much they lighten Washington's heavy hand.

Another option is to add an automatic sunset provision to all new regulations -- meaning that they would expire after, say, five years unless specifically reauthorized by Congress. This kind of regulatory expiration date would ensure that only the truly necessary ones stay in the books.

Sen. Mark Warner (D-VA) recently suggested in a Washington Post op-ed that we import a successful idea from Britain. According to Warner, the British "one in, one out" strategy for regulations has "posted some impressive results" in streamlining the regulatory burden upon their economy. This plan is similar to pay-as-you-go budget rules. Each new regulation must be offset by repealing the same dollar amount-worth of old rules.

Warner points out that "Our current regulatory framework actually favors those federal agencies that consistently churn out new red tape." He's right. And that needs to change.

If Congress and agencies want to pass more sweeping new regulations, the political price they pay should be in line with the economic price that we all pay for them. Lightening the $1.7 trillion annual burden of federal regulations should be politically beneficial, not politically costly. The reforms listed above would make a great start.

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#1. To: CZ82 (#0)

In 1787, there were four federal crimes.

IN 1787, we were a confederacy with a weak and barely functioning central government...

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-08-09   16:28:13 ET  Reply   Trace   Private Reply  


#2. To: war (#1)

IN 1787, we were a confederacy with a weak and barely functioning central government...

Ahhhh . . . the good old days . . .

Get Outta Dodge!  posted on  2011-08-09   16:43:22 ET  Reply   Trace   Private Reply  


#3. To: CZ82 (#0) (Edited)

Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.

A simpler solution would be to repeal the direct election of Senators and restore the checks that the states had on the federal government.


This small group of terrorists [Tea Party members] have made it impossible to spend any money. -- Mike Doyle (D-PA)

jwpegler  posted on  2011-08-09   16:48:58 ET  Reply   Trace   Private Reply  


#4. To: jwpegler (#3)

A simpler solution would be to repeal the direct election of Senators and restore the checks that the states had on the federal government.

But if we did that, we'd be spared such entertaining gems as Boxer in CA, Shumer in NY, or Franken in MN

Get Outta Dodge!  posted on  2011-08-09   16:56:09 ET  Reply   Trace   Private Reply  


#5. To: jwpegler (#3)

A simpler solution would be to repeal the direct election of Senators and restore the checks that the states had on the federal government.

So you think you can trust the governor of whatever state it may be to do the right thing and name Senators that will look out for the people....

When asked by a Liberal what I bought my Granddaughter for her 1st birthday I replied, "MORE AMMUNITION"!!!! -----------------------------"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

CZ82  posted on  2011-08-09   19:08:35 ET  Reply   Trace   Private Reply  


#6. To: Get Outta Dodge! (#4)

But if we did that, we'd be spared such entertaining gems as Boxer in CA, Shumer in NY, or Franken in MN

Barney Frank farting during interviews.....

When asked by a Liberal what I bought my Granddaughter for her 1st birthday I replied, "MORE AMMUNITION"!!!! -----------------------------"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

CZ82  posted on  2011-08-09   19:09:15 ET  Reply   Trace   Private Reply  


#7. To: war (#1)

In 1787, there were four federal crimes.

I wonder what those 4 were????

When asked by a Liberal what I bought my Granddaughter for her 1st birthday I replied, "MORE AMMUNITION"!!!! -----------------------------"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

CZ82  posted on  2011-08-09   19:17:41 ET  Reply   Trace   Private Reply  


#8. To: CZ82 (#5)

So you think you can trust the governor of whatever state it may be to do the right thing and name Senators that will look out for the people....

Senators were supposed to look out for the states.

The House was suppose to directly look out for the people.


This small group of terrorists [Tea Party members] have made it impossible to spend any money. -- Mike Doyle (D-PA)

jwpegler  posted on  2011-08-10   0:01:28 ET  Reply   Trace   Private Reply  


#9. To: jwpegler (#8)

Senators were supposed to look out for the states.

The House was suppose to directly look out for the people

I know this..... but..... do you trust the Governors????? (quite a few of them I don't)..... But then again this goes back on the residents of the states to elect governors that will do the right thing......

When asked by a Liberal what I bought my Granddaughter for her 1st birthday I replied, "MORE AMMUNITION"!!!! -----------------------------"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

CZ82  posted on  2011-08-10   7:10:48 ET  Reply   Trace   Private Reply  


#10. To: CZ82 (#7)

One, I'm sure, was treason.

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-08-10   9:40:37 ET  Reply   Trace   Private Reply  


#11. To: war (#10)

One, I'm sure, was treason.

Another was probably murder......

I wonder about theft, that used to be a big thing....

When asked by a Liberal what I bought my Granddaughter for her 1st birthday I replied, "MORE AMMUNITION"!!!! -----------------------------"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

CZ82  posted on  2011-08-10   15:39:37 ET  Reply   Trace   Private Reply  


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