Home
/
RELIGION & LIBERTY ONLINE
/
6 Quotes: John Cochrane on Rule of Law in the Regulatory State
6 Quotes: John Cochrane on Rule of Law in the Regulatory State
Oct 30, 2025 1:59 AM

When Americans think about the rule of law—if they ever think about it at all—it’s usually about how it’s lacking in foreign lands, such as Latin America or Africa. Corruption and bribery, the usual symptoms of a breakdown in the rule of law, aren’t much of an issue for us. We tend to feel secure that, with minor exceptions, our country is governed by agreed upon laws and not by arbitrary decisions of individual government officials.

In general, this is true. We benefit from a legal and political tradition that has valued and strengthened the rule of law. Yet there is one area that should still concern us. As economist John H. Cochrane notes, the “burgeoning regulatory state poses a new threat to our political freedom.”

Cochrane has written and important, and lengthy, essay on the rule of law in the regulatory state. While I’d mend reading it in its entirety, here are six key quotes from the article:

1. “The agencies demand political support for themselves first of all. They are like barons in monarchies, and the King’s problems are secondary. But they can now demand broader support for their political agendas. And the larger partisan political system is discovering how the newly enhanced power of the regulatory state is ideal for enforcing its own political support.”

2. “This rule of law always has been in danger. But today, the danger is not the tyranny of kings, which motivated the Magna Carta. It is not the tyranny of the majority, which motivated the bill of rights. The threat to freedom and rule of law es from the regulatory state. The power of the regulatory state has grown tremendously, and without many of the checks and balances of actual law. We can await ever greater expansion of its political misuse, or we recognize the danger ahead of time and build those checks and balances now.”

3. “We’re headed for an economic system in which many industries have a handful of large, cartelized businesses— think 6 big banks, 5 big health panies, 4 big panies, and so on. Sure, they are protected petition. But the price of protection is that the businesses support the regulator and administration politically, and does their bidding. If the government wants them to hire, or build factory in unprofitable place, they do it. The benefit of cooperation is a good living and a quiet life. The cost of stepping out of line is personal and business ruin, meted out frequently.”

4. “Regulators and politicians aren’t nitwits. The libertarian argument that regulation is so dumb — which it surely is — misses the point that it is enacted by really smart people. The fact that the regulatory state is an ideal tool for the entrenchment of political power was surely not missed by its architects.”

5. “‘Rule of law’ ultimately is a set of restrictions to keep the state from using its awesome power of coercion to force your political support. If you oppose Castro, you go to prison. If you opposed Herbert Hoover, could you still run a business? Sure. If you oppose President Obama, or the future President Hilary Clinton can you do so? If you oppose the polices of one of their regulatory agencies, now powers unto themselves, or speak out against the leaders of those agencies, can you do so? If you support candidates with unpopular positions, can you still get the regulatory approvals you need? It’s not so clear. That is our danger.”

6. “‘Rule of law’ is not just about the existence of written laws, and the superficial mechanics of trials, judges, lawyers, ad sentences. Rule of law lies deep in the details of how those institutions work. Do you have the right to counsel, the right to question witnesses, the right to discovery, the right to appeal, and so forth. Like laws, what matters about regulation, both in its economic efficiency and in its insulation from politics, is not its presence but its character and operation.”

Other posts in this series:

• Roger Scruton on Conservatism

• Milton Friedman on Freedom and Economics

“Magna Carta Memorial”byttwffis licensed underCC BY 2.0

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Family, Flourishing, and the Cement of Society
The economic consequences of changing family structure are beginning to emerge, and as they do, it can be tempting to focus only on the more tangible, perceivable dangers. For example: “How many new babies are needed to keep Entitlements X, Y, and Z sweet and juicy for the rest of us?” Such concerns are valid, particularly as we observe the lemming-like march of the spending class. But as harsh as the more immediate shocks of family collapse may be, we’d...
Made to Give and to Receive
Photo Credit: youngdoo via Compfight cc In this mentary, “Made to Trade,” I explore the natural dispositions that human beings have to produce, exchange, consume, and distribute material goods. If you’ve ever noticed that a sandwich made by someone else tastes better than one you make yourself, you’ll know what I’m getting at: “Recognizing the satisfaction es from such a gift of service from another person illustrates an other-directed disposition that is a deep and constitutive part of human nature.”...
The Shift from ‘Alleviating Poverty’ to ‘Creating Prosperity’
“We see poverty in the developing world and we ask—what can I do?” says Michael Matheson Miller, Research Fellow at the Acton Institute and the Director of Poverty Cure, “But what if the question that animates our activity is the wrong one?” What if instead of asking how we can alleviate poverty, we asked, “How do people in the developing world create prosperity for their families and munities?” This sounds like a simple shift, but it can transform the way...
What is a Baptist Political Economy?
How should Protestant Christians think about faith, work, and economics? To help answer that question, the Acton missioned a series of primers about political economy and the church from four faith traditions: Baptist, Wesleyan, Pentecostal, and Reformed ing). Chad Brand, the author of the Baptist primer, Flourishing Faith, was recently interviewed about the book and asked, “What is a Baptist political economy?” What political economy describes is the interface between government and whatever economic system prevails in a given nation...
Corruption Is Getting Worse: Transparency International
Transparency International has released its 2013 findings regarding global corruption and bribery. The implications of corruption and bribery are manifold: they decrease confidence in governments, make it difficult for the poor and disconnected to get out of poverty, and break down trust throughout society. In fact, Transparency International found that two institutions that should be the most trusted (police and the judiciary) are the ones most riddled with corruption, world-wide. Here is one example: Fifty-year old Carmela [name has been...
Secularizing Sam Adams
Jonathan Merritt reports on a decision made by the pany that produces Samuel Adams beer, Boston Beer Company, to redact “by their Creator” from an Independence Day ad featuring the Declaration of Independence. As Merritt writes, “We have arrived at a time in our history where some people are so offended by even the idea of God that they can’t bear to speak God’s name or quote someone else speaking God’s name. Worse yet, they have to delete God’s name...
How Community Can Save Conservatism
The right’s rhetoric is all about individual liberty, says Michael R. Strain, but love of fellow humans is essential to a functioning society — or policy. Many on the right correctly emphasize individual liberty, but they do not emphasize what conservatism knows to be true: It is munity that people learn how to be free. Ryan argued that “the federal government has a role to play” with respect munity, but that “it’s a supporting role, not the leading one.” This...
Global Economy Stinks: Is Anyone Paying Attention?
It’s no secret that the economy of the European Union is, ahem, struggling. But Vikas Bajaj says the global economy is worse than anyone seems to want to acknowledge: In a new report released on Tuesday, the International Monetary Fund says that China, India, Brazil, Mexico and other developing countries are growing more slowly than previously thought. That bined with Europe’s enduring recession and middling growth in the United States, means the global economy will grow at 3.1 percent this...
Egypt: ‘The first popular overthrow of an Islamist regime in the Middle East’
Writing for National Review Online, Andrew Doran looks at how Christians have e “convenient scapegoats” and targets of violence for Islamists in Egypt, Iraq, Syria and elsewhere. A consultant for UNESCO at the U.S. Department of State, Doran says that “had the Muslim Brothers not been stopped, they would have continued to radicalize and Islamicize Egypt, further isolating and persecuting their enemies — secularists, liberals, and religious minorities, especially Christians.” More: The peaceful rising of the Egyptian people against the...
5 Questions on Liberty with Mississippi State Senator Chris McDaniel
Senator Chris McDaniel represents Mississppi’s 42nd District (Jones County) in the state legislature. McDaniel has a bachelors degree from William Carey College in Hattiesburg and in 1997 received his Juris Doctor (J.D.) from the Ole Miss School of Law. You can find a full biography at his website. I’ve been following mentaries, which are an impressive defense of the free society rooted in virtue and a moral framework. He’s a serious thinker and I’ve highlighted his work on the PowerBlog...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved