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The Establishments war on Donald Trump
See other The Establishments war on Donald Trump Articles

Title: Executive Order watch: the regulatory reform agenda
Source: HotAir
URL Source: http://hotair.com/archives/2017/02/ ... -the-regulatory-reform-agenda/
Published: Feb 26, 2017
Author: Jazz Shaw
Post Date: 2017-02-26 08:53:35 by Tooconservative
Keywords: None
Views: 1013
Comments: 11

One of the latest executive orders coming out of the White House this week isn’t attracting the same level of attention (and outrage) as recent edicts regarding immigration and transgender bathroom access, but a more sane world it would. This one is listed as, Enforcing the Regulatory Reform Agenda. Rather than targeting specific regulations to eliminate or establishing guidelines and criteria for how many regulations would be modified or removed (both of which have already been done), this order actually creates a new set of entities inside of federal agencies. As the White House describes it, new officers and boards will be established within the next 60 days having the sole purpose of reviewing all existing regulations based on criteria relating to job creation and cost. The goal here is clearly to identify more layers to cut. (White House website)
Section 1. Policy. It is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people.

Sec. 2. Regulatory Reform Officers. (a) Within 60 days of the date of this order, the head of each agency, except the heads of agencies receiving waivers under section 5 of this order, shall designate an agency official as its Regulatory Reform Officer (RRO). Each RRO shall oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law…

Sec. 3. Regulatory Reform Task Forces. (a) Each agency shall establish a Regulatory Reform Task Force…

In addition to the Regulatory Reform Officer (RRO), existing members of each department will be summoned to sit on a Regulatory Reform Task Force. They have a big job ahead of them because most of these agencies have mountains of regulations and it may take the entirety of Trump’s first term to go through them all. Also, the wording of the order seems to be a bit on the vague side, although I really can’t imagine how it could have been made any more specific given the subject matter. The order directs these task forces to examine their regulations with an eye toward weeding out ones which, “eliminate jobs, or inhibit job creation.” They are also asked to identify regulations which are, “outdated or ineffective” and to conduct cost-benefit analysis on regulations as well. Some of those are fairly subjective criteria and leave much in the eye of the beholder.

That brings me to the second question which immediately came to mind upon reading this. Given the flexibility which seems to be built into the system, how eager will the people sitting on these task forces be to carry out their mission in the spirit intended? Unless the President plans on bringing in an entire new class of folks who are hand-picked by the White House and all gung ho about reform, you’re asking a bunch of career bureaucrats to set sail on what, for them, are undoubtedly uncharted seas. Many of these folks are undoubtedly people who have been working inside the guts of the government machine for a long time and spent their careers creating regulations, not destroying them. If they are the ones voting on which regulations meet the loosely defined criteria I listed above, will they really be choosing to eliminate very many?

I’m not taking issue with the intention of this order because this sort of reform is obviously long overdue. And in the spirit of optimism, if nothing else, we should be willing to put the process in motion for a while and see how it works. But I’m left wondering if perhaps these Regulatory Reform Task Forces might better serve the public if they were composed of outsiders or at least people from a different department than the one under review. If they don’t start producing results by this summer, that might be a course of action to consider.


Poster Comment:

I put this in The Establishments war on Donald Trump because we don't have a category for Donald Trump's war on the Establishment.

This is another deregulatory EO that signals just how serious Trump is on the issue. With the other EOs, the Pruitt appointment, and the Gorsuch appointment, Trump has declared war on the Administrative State. He is taking a wrecking ball to it.

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#1. To: Tooconservative (#0)

Whoever this RRO person is, it gives Trump someone to fire if regulations aren't cut severely. Right now, who do you fire? These regulations have been put in place for decades under numerous administrations.

misterwhite  posted on  2017-02-26   10:05:54 ET  Reply   Trace   Private Reply  


#2. To: misterwhite (#1)

Whoever this RRO person is, it gives Trump someone to fire if regulations aren't cut severely. Right now, who do you fire? These regulations have been put in place for decades under numerous administrations.

My assumption is that this will likely be a job handed to deputy secretaries and undersecretaries. There are about 6,000 such jobs, all confirmed by the Senate (if they ever get around to it).

As the Senate ramps up on these appointees (not yet made) and they pass their FBI checks, they will step into these roles. At least, that is the only thing that makes sense since you are right that the 0bama hacks and the permanent bureaucrats will resist at every turn.

Trump seems more and more serious about deregulation. He is going to deregulate the country more than every other president combined. And I am not exaggerating. What he plans is staggering. This is a major priority for Trump, ranking with the wall and defeating ISIS. And it is likely the most important thing that Trump can do for his own re-election. Congress may stall him on repealing 0dingaCare or even on getting tax reform done this year. But this deregulation agenda is something Trump can do with his phone and his pen. And some help from Scott Pruitt and other cabinet secretaries.

Of particular note is that DeVos resisted rescinding 0bama's guidance letter on coddling trannies in the schools but Trump needed a unified position from Education and the DOJ. Sessions was insisting on it. Trump basically ordered DeVos to withdraw it. And cabinet officials don't last if they defy a direct order. OTOH, it does make DeVos look "less evil" to the DoE bureaucrats since she only obeyed a direct order from Trump and it wasn't something she cooked up on her own. So maybe Trump and DeVos were just playing good-cop-bad-cop so DeVos has an excuse ("Oh, I didn't favor that but he ordered me to! sniffle-sniffle"). She's all alone at the DoE until we get more appointees in place. Still, it is an interesting anecdote of how these matters will proceed with Trump.

Tooconservative  posted on  2017-02-26   10:36:17 ET  Reply   Trace   Private Reply  


#3. To: Tooconservative (#0)

Trump is a project developer. If you've ever been involved in a sizeable real estate project like a casino deal, they are titanic undertakings, with so many moving parts. And at the very heart of it all is a set of contracts, rules and plans that are not just the how, what, where and when of the project, but ALSO the very marrow of the economics of it. Buried in that detail is the PROFIT, which is the whole reason the thing is being built.

Trump has spend his entire life as the admiral at the head of a veritable fleet of such projects going on everywhere. He understands, as a controller understands, just exactly where the nexus of his power is - it resides in those contracts, rules and plans. HE doesn't direct the placing of girders at the site, but he DOES sign all of the contracts that put everything in place. all of the legal and program management paperwork that is the underlying structure that makes it all work.

So, he knows that it's in the details of the legalese where all of the power lies, and where all of the control lies. By aiming precisely at this - by putting people in charge of reading all of the regulations and ripping them apart - this is how he is REALLY taking command of the government.

For there is nobody in the federal administrative state that is not subject to the President's commands, if he has a way to reach them. Normally, these people are all far insulated from the President. Commands to men come through the chain of commands. But the regulations themselves - THESE are all written orders whose authority comes from the President, not Congress. Congress can place limits on how far they can go, but what Congress CANNOT limit is "prosecutorial discretion" in the OTHER direction. If the President wants to regulate something where there is no law, he needs to get some sort of law passed. But if the President wants to DE- regulate something, all he has to do is take down the rules by which the agencies act. Congress is not the originator of the rules, and cannot compel the President to keep a rule - they would have to pass a law, and that's hard. And they cannot at all compel the President in the MANNER in which he enforces the rule.

If the President decides that a rule is crap, he can direct the agencies to enforce it by giving the benefit of the doubt to the citizen. This still technically obeys the law, as there is the possibility of enforcement, but it effectively nullifies the law, because the standard of enforcement and discretion is reversed.

Trump understands EXACTLY how to pull the fangs out of the government: erase regulation. Erase the regulation, you erase the power of the administrator to do anything other than wait for orders.

Vicomte13  posted on  2017-02-26   10:55:36 ET  Reply   Trace   Private Reply  


#4. To: Tooconservative (#2)

"But this deregulation agenda is something Trump can do with his phone and his pen."

Exactly. The cowards in Congress turned over their regulatory power to the agencies so they wouldn't be held responsible come election time. THEY didn't take away your incandescent bulbs. The EPA did!

Well, now Trump can use that to his advantage since he controls the agencies.

misterwhite  posted on  2017-02-26   11:13:45 ET  Reply   Trace   Private Reply  


#5. To: Tooconservative (#0)

Thanks for taking the time to post all these good articles.

A K A Stone  posted on  2017-02-26   11:20:26 ET  Reply   Trace   Private Reply  


#6. To: Vicomte13 (#3)

Trump has spend his entire life as the admiral at the head of a veritable fleet of such projects going on everywhere. He understands, as a controller understands, just exactly where the nexus of his power is - it resides in those contracts, rules and plans. HE doesn't direct the placing of girders at the site, but he DOES sign all of the contracts that put everything in place. all of the legal and program management paperwork that is the underlying structure that makes it all work.

I've considered that. But luxury real estate is very different than the federal government. I don't doubt that Trump will have aptitude and use his advisers well. But he had no experience and not a lot of knowledge about politics and bureaucracy.

For there is nobody in the federal administrative state that is not subject to the President's commands, if he has a way to reach them. Normally, these people are all far insulated from the President. Commands to men come through the chain of commands. But the regulations themselves - THESE are all written orders whose authority comes from the President, not Congress.

Even Scalia went soft on Chevron deference (the doctrine that courts must defer to a federal agency's regulations regarding ambiguously worded legislation from Congress). Gorsuch was such a key appointment to hinder any further advance of this doctrine, probably Trump's most important one.

If the President decides that a rule is crap, he can direct the agencies to enforce it by giving the benefit of the doubt to the citizen. This still technically obeys the law, as there is the possibility of enforcement, but it effectively nullifies the law, because the standard of enforcement and discretion is reversed.

That is true for all new regulations. That is why this matter of review of existing regulations is so important.

It is clear that Trump is going to wage a world war on regulation. He's attacking on every front simultaneously. It is kind of shocking when you look at the total picture. We've never had a president like this.

It's not so good for career-minded regulatory compliance officers at the big corporations though...     : )

Tooconservative  posted on  2017-02-26   11:37:17 ET  Reply   Trace   Private Reply  


#7. To: misterwhite (#4)

The cowards in Congress turned over their regulatory power to the agencies so they wouldn't be held responsible come election time.

The Congress has become remarkably lazy and stupid in the modern era. They don't know much, they can't write their own laws, etc. Most legislation, like 0dingaCare, was written by legislative aides in the dark of night as their senile Senators took a nap to rest from their grueling schedule of working 3 afternoons a week.

Over the last 20-30 years, Congress has mostly tried to find ways to deliver their power to the president and to the bureaucrats and the courts. A shameful record.

Tooconservative  posted on  2017-02-26   11:39:54 ET  Reply   Trace   Private Reply  


#8. To: Tooconservative (#7)

"The Congress has become remarkably lazy and stupid in the modern era."

Yep. Their #1 goal is getting re-elected so they can continue handing out the goodies to their big donors.

misterwhite  posted on  2017-02-26   11:45:41 ET  Reply   Trace   Private Reply  


#9. To: Tooconservative (#0) (Edited)

This is a Yes Minister moment, when you want reform you create the position of a Supremo tasked with specific job, . So Dump wants reform and the system says yes what is needed is a Supremo

https://www.youtube.com/watch?v=on2I1U-F3BY

paraclete  posted on  2017-02-26   17:01:21 ET  Reply   Trace   Private Reply  


#10. To: Tooconservative (#6)

It's not so good for career-minded regulatory compliance officers at the big corporations though... : )

Which is why the smart ones have General Counsel jobs to fall back upon.

Vicomte13  posted on  2017-02-26   21:50:01 ET  Reply   Trace   Private Reply  


#11. To: Vicomte13 (#10)

That's good.

Tooconservative  posted on  2017-02-27   11:34:38 ET  Reply   Trace   Private Reply  


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