August 15, 2020

LIFTING THE DEAD HAND OF THE LAW:

The Three Best and Worst Ideas of the Crisis (Veronique de Rugy,  June 12, 2020, AIER)

The second worthy idea for policy is to continue to free civil society from all the rules, regulations, and bad incentives that get in the way of us as individuals helping one another not only through the market process but also through charitable giving, churches, and other nonprofits. The most moving of the many different responses to this pandemic are the ways that people and companies went the extra mile - or two! - to help one another. 

For instance, companies changed their business model to supply food for low-income families, as well as the likes of hand sanitizers, face masks and other needed goods to their communities. And let's not forget the ways that companies, because of the globalization of science, have organized and collaborated to study the virus and to search vigilantly for a vaccine or a cure.

Unsurprisingly, regulations got in the way of much of this private initiative. And while some of these regulatory obstructions were removed, many remain that will get in the way next time around. We must get rid of all of these barriers so that businesses and everyone can more freely and better adapt and innovate whenever the next crisis comes around-whatever that crisis is.

The final worthwhile idea is the brainchild of my colleagues Patrick McLaughlin, Matt Mitchell, and Adam Thierer. They propose creating a commission similar to the Base Realignment And Closure. This new commission would identify and study all the rules revised or suspended during the current crisis and then make recommendations for each rule to be terminated or reformed, thereby crafting "a plan and timetable for automatically sunsetting or comprehensively reforming those policies or programs as part of a single reform package." 

They call it the Fresh Start Initiative.

That third step has always seemed like the most worthwhile Constitutional Amendment to add, just require that every law and regulation sunset regularly and need re-approval by Congress.  But, even before you get there, we need the Court to restore Congressional control over the Administrative state--an area where Justice Gorsuch is a real leader.   It is fine to let Executive Branch departments propose rules and regulations but they need to be proposing them to Congress for approval--all of them--otherwise we do not have a system of republican liberty. 

Posted by at August 15, 2020 7:24 AM

  

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