Executive Order on Small Business Regulation

Discussion in 'West Mall' started by texas_ex2000, Jan 30, 2017.

  1. texas_ex2000

    texas_ex2000 2,500+ Posts

    https://www.whitehouse.gov/the-pres...ive-order-reducing-regulation-and-controlling

    Obviously, I think this good for the economy and small business. I'm not a lawyer, but I'm interpreting this as a direction/order to his agencies on how to interpret regulatory laws passed by Congress when executing their jobs. Laws as they come from Congress rarely ever have specifics, but does this EO have overreach into Congress' authority?

    Are there any Admin Law lawyers here that can weigh in?
     
  2. iatrogenic

    iatrogenic 2,500+ Posts

    I'll give it a shot. Regulations are enacted post legislation, and are added by various federal or state "departments" headed by unelected officials. For instance HHS promulgated most of the ACA regulations, the Departments of Insurance for each state issue insurance rulings and guidance in the form of regulations, etc. The regulations provide, ideally, the practical guidance of how to implement the laws passed.

    In practice, the regulations become self serving edicts for the bureaucrats that enact them.

    In economic terms, politicians and Judges make "categorical decisions/solutions/laws" instead of decisions based on incremental tradeoffs, and the regs define how to implement the laws.

    To digress, the policy makers step into the role of decision maker and centralize the decision making authority. For example, you can't drink a 20 oz. soda, make a decision not to hire someone based on ethnicity, carry a concealed gun without a license, operate a business with more than 10 employees without posting an OSHA form on your wall showing a history of employee lost time injuries, etc. When "the people" begin to revolt against government officials overriding individual decision makers, Trump gets elected and starts to roll back the regs., and the Republicans take over the majority of government positions and try to correct the screw-ups made by Democrats, who made their decisions with little regard to the cost of implementing their centralized decisions.
     
  3. Phil Elliott

    Phil Elliott 2,500+ Posts

    FIFY.
     
  4. Htown77

    Htown77 5,000+ Posts

    A sunset commission like Texas has would have been a better way to implement Trump's deregulation plan.
     
    • Like Like x 3
  5. texas_ex2000

    texas_ex2000 2,500+ Posts

    What is that?
     
  6. Mr. Deez

    Mr. Deez Beer Prophet

    A brief but adequate explanation. Link.
     
    • Like Like x 1
    Last edited: Jan 31, 2017
  7. NJlonghorn

    NJlonghorn 2,500+ Posts

    I'm not an expert, but I don't think so.

    Congress often passes laws that set broad parameters and give regulatory agencies authority to fill in details. For example the Clean Water Act gives the EPA authority to regulate the discharge of harmful pollutants into waterways. It has broad mandates but does not say anything about which pollutants are harmful, what are acceptable thresholds, etc. All of that is laid out in regulations that the EPA has adopted over the years.

    The president and the relevant agency have considerable leeway, so long as the regulations are implemented in compliance with the Administrative Procedures Act. Here, all that President Trump has done is give his people some factors to consider as they go about doing their jobs.

    The only argument I can think of against the EO is that some regulations spell out the factors to be considered in setting regulations. If cost is not one of those factors (and it sometimes isn't), an argument could be made that considering the cost violates the authorizing statute. I don't buy the argument, but I'm sure it will be made.
     
    • Like Like x 1
  8. iatrogenic

    iatrogenic 2,500+ Posts

    Gracias!
     

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