Dismantling The Administrative State Is A Critical Task Requiring Great Effort

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by Anony Mee, American Thinker:

Everyone wants the voracious, feral regulatory state defanged, declawed, drugged into a stupor, and chained in a cage, if not killed outright. This essay will walk readers through the process, along with making some recommendations for short- and long-term fixes.

One way to dismantle the administrative state is via litigation (as was the case with getting the EPA to stop regulating private ponds, which finally happened via Sackett v. EPA). However, dismantling the Administrative State via suing the federal government regulation by regulation is not within the realm of possibility. That’s because the Administrative State, like onions and parfaits, has layers: laws, rules, regulations, policies, and procedures.

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(NOTE: “Rules” is the general catch-all word folks use for any and all of these layers, but when I use the term, I mean federal court rulings.)

 

Congress passes laws that the president then signs. Rarely are they passed over a presidential veto. The laws mostly tell federal agencies what they are supposed to accomplish. They are collected in the U.S. Code (USC), numbered and titled according to topic. (When looking for laws, I find Cornell University Law School’s website to be more user-friendly and include many great background notes.)

 

Image of endless regulations by Grok.

Federal courts, ranging from district courts to the Supreme Court, issue rulings interpreting the laws. These arise from all kinds of cases. Some rulings are specific to the cases; some have broader application. Each federal court has its own website with its rulings. Rulings applicable to federal activities, in my experience, were generally communicated to agency staff by each agency’s general counsel office.

Federal agencies issue regulations, often in response to laws and often directed outward from the agency. (That is, they affect the public rather than directing agency conduct.) Unclassified proposed regulations are published in the Federal Register. They generally provide for a public comment period.

When regulations are finalized, they are again published in the Federal Register. To understand the scope of this regulatory system, the January 21, 2025, edition is 872 pages long and contains 84 notices, 23 proposed rules, 15 rules, and two significant documents.

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