Regulation in Early America

[endicom]

American Affairs Journal
Joseph Postell
Spring 2018

America is in the midst of a potentially transformative moment with regard to regulation. After decades of rapid and steady expansion, the Trump administration promises to deliver an unprecedented retraction of red tape. Candidate Trump called regulation “a hidden tax on American consumers, and a massive lead weight on the American economy,” and he campaigned explicitly to “remove the anchor dragging us down.”1 “Regulations have grown into a massive, job-killing industry,” he said, “and the regulation industry is one business I will put an end to.”2

One year into his administration, it appears that Trump’s promises were not hollow. While, of course, he has not “put an end to” regulation, President Trump has already amassed an unmatched record of regulatory rollback. The Heritage Foundation’s annual “Red Tape Rising” report has been renamed “Red Tape Receding.” As it explains, President Trump’s Unified Agenda of Regulatory and Deregulatory Actions (a plan which contains federal agencies’ rulemaking goals) has cut the number of major rules planned for implementation by two-thirds. Agencies have withdrawn hundreds of rulemakings, and reclassified hundreds more in order to delay or deactivate them.3 While assessments of Trump’s record vary, there is a general consensus that the president has attempted deregulation with a vigor that is previously unmatched, with unmatched results.

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