I don't think it will take 30 years to halt the growth of the regulatory
state. A single cap and trade bill and a slight change in court regulatory
rules will do it. First, limit the total volume of government regulations and
force bureaucrats to bargain with each other over which regulations are most
important. If the government wants to add new regulations, they have to remove
old regulations to make room for them. In addition, there needs to be a legal
change in the deference federal courts give to regulatory agencies. Right now,
regulations are given almost no court review because the regulatory agency is
assumed to know what they are doing. The law should be instead that regulatory
agencies deserve review on the relevance of the regulations to the original law
authorizing the regulations. Regulators should be required to demonstrate that
the effects of the new regulations will be to solve the problem they are
supposed to solve at a reasonable cost compared to the benefits. Obviously,
court injunctions would be allowed to delay the imposition of new regulations
until they can be reviewed. With these two innovations, we will be using two of
the Liberals' favorite mechanisms to restrain regulation. Liberals designed cap and trade to destroy conventional energy production. They have always used the courts to stall construction projects with endless environmental lawsuits. Under my scheme, when the regulatory
process grinds to a halt, it will fall on the bureaucrats and courts.
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