Returning to the Rule of Law and Consent of the Governed

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A recent Wall Street Journal editorial applauded the work of the Trump administration in its “great rules rollback”:

The results have been impressive. Ms. [Neomi] Rao [of the White House Office of Information and Regulatory Affairs] reported this month that through Sept. 30 the Trump Administration had taken 67 deregulatory actions but only three new significant regulatory actions. That’s a 22 to 1 ratio. She also reported that since fall 2016 more than 1,500 planned regulatory actions have been withdrawn or delayed. For fiscal 2018, the current agenda includes 448 deregulatory actions and 131 regulatory actions, a better than 3 to 1 ratio.

One reason for success is forcing agencies to abide by the Administrative Procedure Act, which outlines a public comment period for proper rule-making and which the Obama Administration routinely ignored.

Imagine government following its own rules!  After eight years of Obama, that feels new and refreshing — as if we have the rule of law and the consent of the governed (or are moving back toward it).

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In recent weeks, I’ve been noticing a number of Trump skeptics come around (which is to say, people more skeptical than I was, which was pretty skeptical).  The reevaluation is justified, and minds ought to be changing across the political spectrum, not the least for reasons like this:

… the far larger impact is lifting the pall of government hassle and arbitrary enforcement from business. In the Obama era, CEOs never knew when or how a federal agency might strike for political reasons, no matter the law. Simply lifting that constant fear has had a liberating effect on risk-taking and investment.



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