-Caveat Lector-
From: [EMAIL PROTECTED]
Date: Wed, 4 Aug 1999
Subj: Reining in the Regulators
Reining in the Regulators
by DOUG FIEDOR
[EMAIL PROTECTED]
Heads Up
House Republicans finally started asking a few questions
about the regulatory bureaucracy. We do not think they
asked the correct questions on this round. Nevertheless,
the information they demand will be interesting.
For over 50 years, Congress has allowed the vast federal
regulatory bureaucracy to do darn near as it wished.
Congress would pass an open ended law stating some type of
goal, and a bunch of desk-bound regulators (with the help of
their Non Government Organization friends and interested big
industry lobbyists) would promulgate a few hundred rules and
regulations impacting on the unsuspecting American people
with the full force of law.
That being done, the federal regulation bureaucracy
decided they needed their own special armed police force.
Next, they wanted their own special court system, a court
system in which they can hire and fire their own judges.
Soon, most regulatory agencies were all three branches of
government rolled into one. Then, they took their cue
from the IRS's tried and proven tactics and stated that
violations of their edicts would be a civil crime so that
the Bill of Rights would not apply and a citizen would
be guilty in one of their little kangaroo courts until
proven innocent.
The Democratic run Congress loved this arrangement. The
people were properly controlled, and the Congress Critter
could stand back and tell any constituent falling into
the clutches of that unconstitutional system: "It ain't
my fault, I'm on your side against this out of control
bureaucracy."
It is Congress' fault, though. Under orders of the
socialist Roosevelt administration, Congress created the
mess. Then, every year thereafter, they expanded on it.
Now, Republicans in Congress are starting to look at the
federal regulatory bureaucracy a little. And they realize
what a real mess they have on their hands. There is little
or nothing about the federal regulatory bureaucracy that
even comes close to being authorized by powers given to the
federal government by the Constitution. And now, being the
majority in both houses, the problem is the Republicans'
responsibility.
Here's the problem: Most Republicans (not the old ones,
they are lost causes) know that, like the IRS, the whole of
the regulatory system makes a total mockery of that "rule of
law" we call our Constitution. Regulatory agencies are,
in fact, executive, legislative and judicial branches rolled
into one bureaucracy. They are much closer to the communist
politburo form of government than anything our Founding
Fathers ever envisioned. But, that has become our system
and no one knows how to change it back.
Because, to abolish the regulatory system would mean a gross
loss of power for the federal government. The people could
not be controlled as strictly. Even the suggestion of a
cutback would cause a chorus of socialists -- Clinton, the
Democrats in Congress and their sycophants in the press --
to scream bloody murder.
So, Congress is going to tinker with the regulatory system
a little.
Now comes the "Regulatory Right-to-Know Act of 1999,"
or HR 1074. It just passed the House last week and now
goes to that sink hole called the Senate.
The House estimated that it costs the American people
an extra $700 billion in hidden costs every year just to
comply with federal rules and regulations. Republicans
in the House want to know how much, if any, of this money
is getting measurable results.
"Americans deserve to know where their hard- earned tax
dollars are going, and this bill will provide that
information," said House Commerce Committee Chairman
Tom Bliley (R-VA), chief sponsor of the bill.
The socialists and liberals in the federal government are
up in arms, though. The Clinton administration and the
old line Democrats oppose the bill, saying the benefits of
federal health and safety rules are difficult to quantify
and the bill would put unneeded new burdens on federal
agencies.
Yeah, they would have to be a little bit accountable
for once.
The bill requires the director of the Office of Management
and Budget to submit to Congress an annual analysis of the
impact of federal rules and paperwork on both the public and
private sector. In that analysis, the costs and benefits of
each agency and agency program, rule and regulation must be
specified and the OMB must include a report on duplications
and inconsistencies between agencies.
Furthermore, "the Director of the Office of Management and
Budget shall arrange for 2 or more persons that have
nationally recognized expertise in regulatory analysis and
regulatory accounting, and that are independent of and
external to the Government, to provide peer review of each
accounting statement and associated report."
And so it goes. Still, in any form, and for any reason,
the federal regulatory bureaucracy is unconstitutional.
That is the real fact Congress should be addressing.
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