Between 1995 to 2016, there were 88,899 federal rules and regulations implemented compared to “only” 4,312 laws.
That trend has in no way reversed itself. In fact, it’s one of the biggest problems our country faces that no one outside of politics really knows about. In short, your lawmakers — the ones whom you elect to represent your interests and wishes — don’t really do all that much legislating anymore.
Instead, they mostly sit back and collect while allowing unelected bureaucrats across various agencies and boards to create the vast majority of the laws that govern your life, our economy, and our country. There are multiple problems with this.
One, you have zero recourse over unelected bureaucrats. If they do unconstitutional things (and they mostly do) or if they pass laws that harm your business or violate your rights, you can’t vote them out of office. You can’t even really petition them to change course because the public is largely unaware of who they are. And worst of all, businesses frequently can’t even sue to overturn their actions because there’s no law to sue over — just vague threats of regulations if they don’t comply.
This is happening at high levels across state governments, too. The public has no idea how much control various boards and agencies have over their lives. Not only are they writing the rules, but they’re lobbying on your tax dollars’ dime for regulations that benefit them and harm you.
For one example, I once watched the cosmetology board lobby heavily for needless occupational licenses that would make it harder and much more expensive for Tennesseans to work as natural hair braiders. Why? Because members of the board (or their families) were going to profit by forcing people to pay to go to a cosmetology school (that couldn’t even teach the skill) in order to obtain the license. This is common practice, and lawmakers readily kowtow to lobbyists in these scenarios.
Fortunately, there’s something that can be done about all this. There’s a bill called the REINS Act that’s gaining traction in some states, and it’s about to start moving in Kansas. It’s simple and common sense. Basically, it says if agencies are going to put a regulation on the books, the legislature has to vote to approve it. Imagine that.
Hilariously, some Democrats have tried to claim that this kind of legislation is a “power grab” by the legislature. That’s constitutionally illiterate, of course, as the legislature is supposed to be the body making the laws. Otherwise, what are we paying them for?
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This would ensure lawmakers do their actual jobs and legislate while also ensuring constituents get real representation in their government. It’s being championed by state Rep. Barb Wasinger in Kansas, who is a known defender of individual rights and the Constitution. Similar legislation has also been introduced federally by Sen. Rand Paul (R-KY) and Rep. Kat Cammack (R-FL).
Every Republican should be championing this idea. If you want to limit the government, you must deal with the regulatory state. Our country was set up as a representative democracy, and it’s high time we get back to it.
Hannah Cox is a consultant for Americans for Prosperity, which supports the REINS Act.
