Home
/
RELIGION & LIBERTY ONLINE
/
The shrinking of the administrative state
The shrinking of the administrative state
May 13, 2025 10:10 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 Approximately1,579 regulatory actions have been withdrawn or delayed, according to the Office of Information and Regulatory Affairs, and that wave is set to continue.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
Disestablishing Our Secular Schools
When es to public education, racial bias has not been acceptable for almost fifty years. So why is religious bias still tolerated? If we really want to promote religious liberty and educational reform, says Charles L. Glenn, we have toend the public school monopoly: [T]he rich diversity and energy that has been the glory of American religious life was, by the early twentieth century, largely suppressed in American K–12 schooling, though it continued at the collegiate level. This was not...
When Life Has Killed the American Dream
When I talk about my time growing up in Los Angeles with my mother, I often describe her motivations for going to Hollywood like this: “She wanted to be a movie star…which means she was a waitress.” That’s a mon experience in an industry petitive and grinding as film. But increasingly these kinds of challenges are faced by women in less glamorous and more mainstream industries. As a recent BusinessWeek piece put it, “You Can Have Any Job You Want,...
Government-Coerced Electric Car Demand
When progressive elites discover that the average free-thinking American does not live according to their sanctified vision for our lives, they will resort to using the power of government to coerce the rest of us into doing what they want. For example, currently there is virtually no market for electric cars because not many consumers want them. However, this fact means nothing to elite progressive in government. The elites have decided that we should be driving electric vehicles regardless of...
The Syrian Refugee Crisis: ‘Historic’
Recent events in Syria have created what The New York Times is calling an “historic” refugee crisis, with more than 2 million people leaving the country. In August, hundreds of thousands poured over the border to Iraq, describing “a campaign by jihadi fighters to destroy agriculture and cut power and water supplies in Syrian Kurdishareas.” Lebanon’s population has exploded by 20 percent due to Syrian refugees, and Jordan is trying to deal with over half a million people seeking refuge...
BBC: Should Religious Leaders Live a Modest Life?
Image Credit: BBC I had the opportunity today to take part in a discussion on the BBC program World Have Your Say, discussing the recent suspension by the Vatican of the Bishop of Limbu, Germany,Franz-Peter Tebartz-van-Elst, known in the German press as the “bishop of bling.” He is under investigation regarding expenditures of 31 million euros (roughly $41 million) for the renovation of the historic building that served, in part, as his residence. This story (which can be read here)...
We Don’t Need a ‘Third Way’, We Need More Non-Profits
The problem with advocating for third way economic system between capitalism and socialism is, as Matt Perman notes, there is no realistic third way. Fortunately, a third way isn’t needed since capitalism can do everything that so-called “third alternative” (e.g., distributism) want their system to do. For instance, one aspect of how capitalism can create a more “people-centered economy” is to increase the amount of capital that is dedicated to non-profits. When society reaches a point that we have a...
Cornerstone University Sues Feds Over HHS Mandate
, a Grand Rapids, Mich.-based Christian university, has joined the myriad of lawsuits against the HHS mandate requiring abortion-inducing drugs as part of employee insurance coverage. This filing is first and foremost an effort to preserve and protect our religious freedom as guaranteed by the First Amendment,” Cornerstone President Joseph Stowell wrote in an email Wednesday to donors and alumni. “Given our conviction that life begins at conception and mitment to the sanctity of life, we find the mandate to...
From Babel to Babylon: God’s Problem With Centralized Power
The Bible does not have a detailed plan for how the government of a modern nation of 300 million people should operate. If you’re looking for specifics on what the United States’ tariff policy with Finland ought to be, you’re plum out of luck. If you want canonical guidance as to the precise degree of control the filibuster should have over legislative proceedings in the U.S. Senate, you’re barking up the wrong tree. With plenty of issues in the socio-political...
A $1 Trillion Reminder That Welfare is Failing
If you are looking for good data to provide a reminder that America has lost the “War On Poverty,” Michael Tanner piled helpful information explaining the current state of the union in the study titled, “The American Welfare State: How We Spend Nearly $1 Trillion a Year Fighting Poverty — And Fail.” Tanner begins by noting that we are now at a point where annually, [T]he federal government will spend more than $668 billion on at least 126 different programs...
Oliver O’Donovan on the Secular-Spiritual Life
In a recent event co-sponsored by Christian’s Library Press, professor Oliver O’Donovanengaged in a robust conversation with Matthew Lee Anderson and Ken Myers on the topic of the Gospel and public engagement. The audio is now available via Mars Hill Audio. Sign-up is required, but is both simple and free. Anyone who has read O’Donovan is familiar with the weight and depth he brings to such matters. As was to be expected, this is a conversation filled with richness, nuance,...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved