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Regulation Run Amok—And How to Fight Back
wsj ^ | Charles Murray

Posted on 05/11/2015 6:03:02 AM PDT by BenLurkin

At the end of the process, we will have a large number of regulations that meet the criteria for being pointless, stupid or tyrannical. Let’s just ignore them and go on about our lives as if they didn’t exist.

I propose two frameworks for implementing this strategy. The first would be a legal foundation functioning much as the Legal Services Corporation does for the poor, except that its money will come from private donors, not the government.

...

The other framework would be occupational defense funds. Let’s take advantage of professional expertise and pride of vocation to drive standards of best practice. For example, the American Dental Association could form Dental Shield, with dentists across America paying a small annual fee. The bargain: Dentists whose practices meet the ADA’s professional standards will be defended when accused of violating a regulation that the ADA has deemed to be pointless, stupid or tyrannical.

...

The regulatory empire will doubtless try to strike back, asking Congress for more money to hire more inspectors and lawyers. But it’s going to be a hard sell. The regulatory agencies are becoming as unpopular as the IRS, and members of Congress know it.

...

Federal courts are already empowered to overturn agency actions that are “arbitrary,” “capricious” or “an abuse of discretion,” but the Supreme Court has set the bar so high that the regulatory agency almost always wins if it followed bureaucratic procedure in creating the regulation.

The good news is that the Supreme Court has a history of responding to an emerging social consensus. A drumbeat of well-publicized cases in which the agencies have obviously acted arbitrarily and capriciously as those words are ordinarily used could lead the courts to adopt a more straightforward interpretation of them.

(Excerpt) Read more at wsj.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: epa; osha; regulations

1 posted on 05/11/2015 6:03:02 AM PDT by BenLurkin
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To: Jim Robinson

ping


2 posted on 05/11/2015 6:05:47 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: BenLurkin; All
The Internet flourished precisely because it has been free of government regulation. Now that obama and his FCC government agency will start regulating the Internet on June 12,2015 , all the innovation and business creation on the Internet will slow to a crawl as is Obama’s intention.
Obama doesn't want Americans to be able to find accurate information about what is going on or even to help them solve their problems.

Americans aren’t even aware that the communist Obama is about to get the FCC to take over the Internet (Obama is taking over the Internet) with Soros socialist regulations

“(Soros strikes again!)FCC Cites Soros-Funded Marxist Group 46 Times in Regs (internet takeover) “
http://www.freerepublic.com/focus/bloggers/3267247/posts

3 posted on 05/11/2015 6:10:58 AM PDT by Democrat_media (Obama illegally got his FCC gestapo to impose SOROS' regulations on Internet)
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To: Democrat_media

Then something else will take its place. Isn’t that what always happens?


4 posted on 05/11/2015 6:19:53 AM PDT by Alberta's Child ("It doesn't work for me. I gotta have more cowbell!")
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To: BenLurkin
But too often a sensible idea behind a set of regulations...is made ridiculous by their detail:

If you read the OSHA regulations for setting a ladder against a wall, it can only be done properly if you use sine/cosine functions. Federal regulations are killing our economic system. Congress has shirked its duty by pushing regulatory changes on to the agencies themselves. Given that a person's power depends upon the size of their budget in DC, are we really surprised that they create regulations that increase the number of people "needed" by their agency?

Congress bitches about the IRS tax code and how "the rich aren't paying their fair share". Really? You idiots wrote the Code and you did it in a way that makes your life easier, not ours! Plus, only 10% of the taxpayers foot almost 70% of total taxes collected. Yeah, the rich don't pay their fair share...they pay too much. While you hear idiots from Buffet to Hollywood hacks say they don't pay enough taxes, I've yet to see one of them sit down and write a $5million check to the IRS over and above what they do pay.

This War on the Rich is just stupid. I'm not rich...I'm a retired teacher, but in all my years of working, not once did a poor person hire me. Give corporations and small businesses a tax break and watch what happens to unemployment.

5 posted on 05/11/2015 6:23:55 AM PDT by econjack (I'm not bossy...I just know what you should be doing.)
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To: Alberta's Child

I hope you are right. However Obama is taking over the Internet just in time for the 2016 election or for him to do a coup. How can we know what is even really going on with the government regulating the Internet?


6 posted on 05/11/2015 6:23:59 AM PDT by Democrat_media (Obama illegally got his FCC gestapo to impose SOROS' regulations on Internet)
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To: BenLurkin
--Other regulations could be written only by bureaucrats with way too much time on their hands, such as ones that mandate a certain sort of latch for a bakery’s flour bins or the proper way to describe flower bulbs to customers, or the kind of registration form to be attached to a toddler’s folding chair, while also prescribing an option for registering the product through the Internet. "

--I can sure attest to this--when I worked for a certain engineering company thirty years ago, we had a study going on pertaining to nuclear waste storage---two mining engineers making together about $100,000/year (on the Dep't of Energy payroll, in effect) spent about six months re-writing a paragraph pertaining to the ultimate removal of roof support from the repository , when it was to be "reclaimed' --perhaps in 300,000 years---

7 posted on 05/11/2015 6:32:27 AM PDT by rellimpank (--don't believe anything the media or government says about firearms or explosives--)
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To: Democrat_media

The Democrat Party doesn’t need a coup.

It only needs to keep the LIVs from hearing opposing viewpoints.


8 posted on 05/11/2015 6:32:46 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: econjack
If you read the OSHA regulations for setting a ladder against a wall, it can only be done properly if you use sine/cosine functions.

OSHA is BS. Divide the length of the ladder by four and put the base of the ladder that many feet from the wall. Formula I've used for years. Never had a ladder fall.

9 posted on 05/11/2015 6:33:45 AM PDT by upchuck (The current Federal Government is what the Founding Fathers tried to prevent. WAKE UP!! Amendment V)
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To: BenLurkin

Yes and with Obama taking over the Internet on June 12 democrats will be able to keep people from hearing opposing view points. Obama and the FCC will shut down Drudge and freerepublic. I can’t believe even on this site people don’t seem to know or care what Obama is going to do to the Internet:

“FCC Commissioner: Feds May Come for Drudge [Isaiah 29]”
http://www.freerepublic.com/focus/f-news/3286140/posts

“(Soros strikes again!)FCC Cites Soros-Funded Marxist Group 46 Times in Regs (internet takeover) “
http://www.freerepublic.com/focus/bloggers/3267247/posts


10 posted on 05/11/2015 6:50:57 AM PDT by Democrat_media (Obama illegally got his FCC gestapo to impose SOROS' regulations on Internet)
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To: sauropod

mark


11 posted on 05/11/2015 6:58:50 AM PDT by sauropod (I am His and He is mine.)
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To: upchuck

12 posted on 05/11/2015 7:12:36 AM PDT by BwanaNdege
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To: BenLurkin

Need to find a way to turn it into a civil liberties violation. Then you can fund it by having the government being responsible for the legal fees.

That’s how the ACLU does it.


13 posted on 05/11/2015 7:14:41 AM PDT by fruser1
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To: upchuck

Way too simple for the gov’t.


14 posted on 05/11/2015 9:31:20 AM PDT by econjack (I'm not bossy...I just know what you should be doing.)
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To: BwanaNdege

Awesome graphic! And, unfortunately, not too far outside the realm of possibility :)


15 posted on 05/11/2015 10:45:29 AM PDT by upchuck (The current Federal Government is what the Founding Fathers tried to prevent. WAKE UP!! Amendment V)
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