Home
/
RELIGION & LIBERTY ONLINE
/
The shrinking of the administrative state
The shrinking of the administrative state
Jul 2, 2025 6:22 AM

In just the last year, the regulatory apparatus of the federal government has endured a range of healthy threats and corrections. Approximately1,579 regulatory actions have been withdrawn or delayed, according to the Office of Information and Regulatory Affairs, and that wave is set to continue. “Agencies plan to finalize three deregulatory actions for every new regulatory action” this fiscal year, a recent report noted.

“We’re here today for one single reason,” said President Trump said last December, holding a pair of scissors aside a symbolic mountain of papers: “to cut the red tape of regulation.”

It’s a e development for many businesses, who have struggled amid a growing string of onerous and arbitrary rules and measures. But it’s also a movement that could help restore a bit of hope for republican democracy—taking power away from an unelected, unaccountable regulatory regime and shifting it back to Congress and its constitutions.

As the Hoover Institution’s Adam J. White explains in a recent PolicyEd video, the administrative state has, up until now, largely shielded itself from the eyes and ears of the people it’s supposed to serve:

As we regulate more economic activity, these federal agencies take an ever larger role in day-to-day governance. The consequence is an unelected, largely unaccountable part of the government called the “administrative state.” The growth of the administrative state isn’t an accident. Over time, our elected leaders in Congress have relinquished immense power to federal agencies. The judicial branch is given too much deference to federal agencies. And presidents, who oversee most agencies, have happily accepted the discretion they’ve been granted. The result is that agencies routinely create regulations with little oversight, transparency or incentive to minimize the costs they impose.

So how do we realign the interests of the administrative state with those of the public?

The most obvious is the aforementioned actions of our leaders at the highest levels of government. Trump has claimed to have “begun the most far-reaching regulatory reform in American history,” and his administration is off to a soaring start.According to a letter from Neomi Rao, administrator of OIRA, this isn’t just about freeing up businesses; the administration sees a strong connection between reducing regulation and expanding individual freedom for all:

The Trump Administration recognizes that excessive and unnecessary federal regulations limit individual freedom and suppress the innovation and entrepreneurship that make America great. Starting with confidence in private markets and individual choices, this Administration is reassessing existing regulatory burdens…Our regulatory philosophy and approach emphasize the connection between limited government intervention and individual liberty. Regulatory policy should serve the American people by staying within legal limits and administering the law with respect for due process and fair notice.

But before and beyond Congress and the current President—whose actions can quickly be reversed, in time—we shouldn’t forget that plenty can also be done at the bottom-up levels of the agencies themselves.

With such vocal support for deregulation at the top, these agencies shouldn’t wait passively for specific instruction. As White explains:

[Agencies] can unilaterally adopt reforms to promote transparency and accountability within their own houses. Perhaps the best example of this so far are the efforts at the Justice Department and Education Department to scale back their reliance on “guidance” documents, a broad category of agency pronouncements that regulate the public but that do not undergo even the minimal procedures for public accountability otherwise required of new regulations. If these two departments succeed in reforming their own practices, they e to be seen by the public (and by judges and legislators) as the regulatory equivalent of “best practices,” raising the bar for what we expect of other agencies.

While such changes might seem minor, their impact could long outlive the agencies’ more prominent substantive work…[If] Trump agencies succeed in improving their own transparency and procedural rigor, and if those agencies trumpet those reforms loudly, their Democratic successors may find it difficult to credibly undo those reforms—just as the Clinton administration largely accepted the dramatic OIRA reforms established and entrenched by Presidents Ronald Reagan and George H. W. Bush.

Dismantling those rules and the power of the rulemakers may not have the shimmer and shine of other policies or programs, but it has significant sway over the freedoms and flourishing of everyday Americans going about their everyday lives. Whether from the bottom-up or the top-down, we have the opportunity and climate to rightly assign and confine the regulators to their proper place.

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
Christian Scholarship and the Crisis of the University
This past weekend, I had the privilege to attend and present a paper at the 2013 Kuyper Center for Public Theology conference at Princeton Seminary. The conference was on the subject of “Church and Academy” and focused not only on the relationship between the institutions of the Church and the university, but also on questions such as whether theology still has a place in the academy and what place that might be. The discussion raised a number of important questions...
Where Opportunity and Obligation Meet
Over at Fare Forward, Cole Carnesecca provides some great insights into how we should think about calling, offering some similar sentiments to those expressed in my recent post on family and vocation. “Whatever else you may think you are called to,” Carnesecca writes, “if you have a spouse and children, you are called to your family.” Focusing on the troubled marriages of Methodism founder John Wesley and Chinese evangelist John Sung, Carnesecca explains how a misaligned and over-spiritualized concept of...
How to See Like a State
What does it mean to see like a State? “In short, to see like the state is to be myopic,” says Brian Dijkema. “This myopia views geography, people, their customs and traditions in a way that “severely brackets all variables except those bearing directly” on the state’s interests of revenue, security, and order.” An example from the institutional point of view of schools illustrates the point well. Education, and the shape of the schools that provide it, is one of...
Sec. Kerry Urges Turkey to Re-Open Orthodox Seminary
The Halki seminary near Istanbul was the main school of theology of the Eastern Orthodox Church’s Ecumenical Patriarchate of Constantinople from 1884 until the Turkish parliament enacted a law banning private higher education institutions in 1971. For more than 40 years, the law has kept Orthodox clergy schools closed. But in an encouraging development for religious liberties, Secretary of State John Kerry is urging the Turkish government to reopen the seminaries: “It is our hope that the Halki seminary will...
Neither Worshipping Nor Demonizing Capitalism
Questions about poverty and social teaching are on the forefront of Pope Francis’ mind, as he’s made convincingly clear in his young papacy. This calls for cogent thinking on the topic, according to Fr. John Flynn, LC in “Francis and Catholic Social Teaching: Debates About Economy, Equality and Poverty Sure to Continue.” Flynn cites Jerry Z. Muller, professor of History at the Catholic University of America, who gives credit to the astonishing “leap in human progress” that capitalism has brought...
ICCR Shareholders vs. World Hunger
Finding solutions for feeding the world’s poorest is about as non-controversial a mission as you could imagine for someone pursuing a religious vocation. Yet, the investors belonging to the Interfaith Center for Corporate Responsibility put politicized science ahead of that mission in their opposition to genetically modified organisms (GMOs). The ICCR’s approach to GMOs leans more toward anti-business political activism than any concern for producing plentiful crops that are resilient against pests, diseases and extreme weather events such as drought...
Orthodox Bishops Kidnapped By Terrorists
Two Syrian Orthodox bishops have been abducted by terrorists in a suburb of Aleppo in Syria as they were returning from Antioch (Antakya, Turkey). While both clergymen are believed to be alive, their driver was killed during the attack: Syriac Orthodox bishop Yohanna Ibrahim and Greek Orthodox Archbishops of Aleppo Paul, who also happens to be the brother of Patriarch John of Antioch and All The East were abducted en route to Aleppo from a town on the Turkish border...
Obamacare and the Hubris of the Technocrats
Sen. Max Baucus (D-Mont.) was one of the key architects of Obamacare and one of the legislation’s greatest champions. But now he fears a “train wreck” as the Obama administration implements its signature healthcare law. In a recent hearing he asked Human Services Secretary Kathleen Sebelius for details about how the Health Department will explain the law and raise awareness of its provisions, which are supposed to take effect in just a matter of months: “I’m very concerned that not...
Will New Internet Sales Tax Laws Create Market Fairness?
It’s called the “Marketplace Fairness Act,” but how fair is it and who does it really benefit? The legislation, which is expected to pass the Senate, is heralded by supporters as instituting market equity to the brick and mortar retailers. Supporters also proclaim it will help to alleviate state budget shortfalls. The Marketplace Fairness Act gives new authority to states to directly collect sales taxes from online retailers. Jia Lynn Lang at The Washington Post explains: Since before the dawn...
Fighting Poverty with Toy Blocks and Economic Growth
AEI’s Values and Capitalism just released a new book titled, Economic Growth: Unleashing the Potential for Human Flourishing. In support of the book, they’ve produced a video highlighting the great work of Tegu Toys, a wooden block manufacturer based in Honduras. In a country where 64% of people live below the poverty line, Tegu is creating economic growth and, in the process, is seeing the lives of its employees transformed. Chris Haughey, Tegu co-founder, started pany in Honduras with a...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved