Sneaky Big Government
Federal agencies pass 28 regulations for every Congressional law passed. Clyde Wayne Crews, Jr. writes at Forbes about what he rightly calls an "Unconstitutionality Index."
He writes that "triumph of the administrative state over the Constitution's vesting of all lawmaking power solely in the Congress is all but total, and it holds under President Trump."
He continues:
So Congress passed, by this preliminary roundup, 105 laws in 2019.As we always point out, among such annual legislative product one finds initiatives ranging from name and address designations for Post Offices and community centers for politicians and dignitaries (at least 20 of the 90 laws in 2019 do precisely that), to measures addressing robocalls, expansion of federal flood insurance, major budgetary and appropriations enactments and reauthorizations of agencies and mega-programs like the Farm Bill.
However, as usual--2019 legislative output notwithstanding--the unelected federal bureaucracy was far busier making law than Congress was.
Federal Agencies issued 2,964 rules in 2019
Comparisons?
The Index had been 34 at the end of Trump's first year, and 18 in Obama's last year. During Bush's eight years, the multiple averaged 20, while Obama's eight years averaged 29.I like to call this ratio The Unconstitutionality Index; it's simply the multiple of agency rules over the number of laws from our elected Congress in a calendar year. That is, simply:
NUMBER OF AGENCY RULES / NUMBER OF LAWS SIGNED BY POTUS
And the essential point:
The unchanged point and takeaway of the Unconstitutionality Index is that the unelected personnel of federal agencies created in the latter half of the United States' existence, not elected members of Congress, do the bulk of lawmaking in America.This state of affairs persists no matter the party in power, echoing our earlier point regarding the victory of the administrative state over rule of (constitutional) law.
The picture is even worse. If intrusive agency guidance documents and presidential executive orders are taken into account, non-legislative policy making assumes even greater prominence as an issue of concern. That is, "regulatory dark matter" would send the Unconstitutionality Index surging even higher if taken into account.
This is how we got the "Dear Colleague" Title IX letter during the Obama admin that pretty much turned being male on campus into being determined a rapist for any man accused.
(In case anyone's thinking "administrative orders," oh, piffle.)








First point to note here: Rules and regulations are laws. They may not have been passed directly by Congress, but they are laws nonetheless. Do they have the force of law? Yes. Can you lose your property and freedom for violating them? Yes. Ergo, it doesn't matter what they are called -- they are laws.
Cousin Dave at January 3, 2020 6:06 AM
This is Congress' fault. They've delegated their Article 1, Section 8 responsibilities to the *cough* executive branch. As CD says, that makes them law irregardless of whom the authors are.
While such delegation is disturbing, it isn't strictly unconstitutional.
I R A Darth Aggie at January 3, 2020 10:56 AM
Federal Agencies issued 2,964 rules in 2019
Doesn't that mean that Trump should get off his ass and repeal at least 5,928 rules?
mpetrie98 at January 3, 2020 2:58 PM
Here you go Mpetrie. Some context.
https://regulatorystudies.columbian.gwu.edu/reg-stats
In short Trump has had an impact.
Ben at January 3, 2020 4:58 PM
Such regs often sound noble until you are at the regulated end of them. There is a reg about "illegally sourced wood" from overseas. What does that mean for countries that are chaotic? Gibson Guitars got raided and material confiscated over some wood it got from SE Asia (some sort of rosewood I think) that it said it had proper paperwork for. They ended up paying a fine because they could not prove the legality of the wood in question, not because they were guilty. They also spent a ton on lawyers.
Did you know it is illegal to pick up a feather due to the migratory bird treaty? Most people don't get caught but they could. People with old musical instruments with ivory or old artwork with ivory better not travel overseas with it because it will get confiscated. Have a tiger rug on your floor? Better scramble to get paperwork on the age of it or go to jail. etc.
cc at January 5, 2020 10:49 AM
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