Is Trump's battle against bureaucracy a game-changer or just a short-lived stunt?
It's not just tariffs. American businesses and households are undermined by regulations that stifle competition and innovation, hamper growth and drive up prices. Federal regulations alone cost the average household over $16,000 annually, according to the Competitive Enterprise Institute's Ten Thousand Commandments 2025 report.
The question is how to fix the problem. We need our leaders in all three branches of government to achieve deregulation. But so far, only the executive branch has been working to deregulate, apart from both houses of Congress voting to overturn a few Biden-era rules.
One new executive order from President Trump introduces expiration dates, or sunsets, to certain regulations, which will prod our elected representatives to consider in the future whether specific regulations are needed and prevent unchecked accumulation of regulatory sludge. Without sunset dates, once a rule is on the books, it's permanent unless Congress or an agency acts to remove it. Congress isn't inclined to do so because it requires effort and consensus. Regulatory agencies rarely eliminate rules, because the process can take months or even years. That is how the Code of Federal Regulations has ballooned to more than 188,000 pages.
Another new Trump executive order directs agency heads to review their regulations for legality and constitutionality, in light of recent Supreme Court rulings curbing power wielded by the unelected administrative state. Agency self-review could deliver significant regulatory relief, especially when bolstered by another early Trump order imposing an ambitious 'one-in, ten-out' rulemaking process. Together such orders can slow the influx of new regulations while pruning the existing stock.
But regulatory reformers must heed a lesson from Trump's first term: executive orders aren't enough. Permanent reform demands congressional legislation.
Executive actions can be fleeting. Joe Biden reversed Trump's regulatory streamlining agenda in 2021, for example, and Trump returned the favor this January. While Trump's sunset order could help in the short term, it may not outlast his presidency. Lasting change requires legislation like Sen. Joni Ernst's (R-Iowa) SCRUB Act, which includes a sunset provision.
The SCRUB Act and other bills also have a tool more effective than agency self-policing: an outside commission that would comb the books for outdated or harmful rules and put them in a repeal package for Congress to permanently repeal. This commission approach worked for closing unneeded military bases in the 1990s after the Cold War ended. Taxpayers have saved billions of dollars. If it worked for defense spending, it can work for regulations.
Other Trump executive orders on regulation cover everything from cost-benefit analysis to anti-competitive regulations. The same principle applies. If reforms are to endure, Congress must do its part, and swiftly. If Trump's relentless trade war persists, a recession could erode the GOP's current majority, complicating reform efforts.
The Department of Government Efficiency (DOGE) is not a sufficient force for deregulation, as it lacks Congress's legislative authority and has in any event focused more on agency payrolls than regulatory actions. We need Congress to step up. Otherwise, as the Archbridge Institute's Justin Callais points out, if Trump can cut spending without Congress, 'what is to stop future Presidents from adding to government spending without congressional approval'?
Courts also need to be more engaged in regulation. If an executive branch agency issues an unconstitutional rule or one that Congress never authorized with a statute, the judiciary's proper role is to strike it down when presented with pertinent litigation. That is the court's role in maintaining the Constitution's separation of powers. Recent court decisions regarding the major questions and non-delegation doctrines make it easier for courts to do their job. Next comes the test.
Whatever Trump's flaws, his administration has a unique opportunity to tackle overregulation. But the president cannot succeed without the other branches of government. The time to act is now. Federal regulations cost over $2 trillion per year. More than 3,000 new regulations hit the books last year, and the most recent Unified Agenda listed more than 3,500 upcoming rules. The 188,000-page Code of Federal Regulations is still growing. These are trends in the wrong direction.
The president's push to curb overregulation is welcome, but he can't do it alone.
Clyde Wayne Crews, Jr. is the Fred L. Smith fellow in regulatory studies at the Competitive Enterprise Institute, where Ryan Young is senior economist.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New York Times
27 minutes ago
- New York Times
What Is the National Guard?
Several hundred soldiers were deployed to the streets of Los Angeles on Sunday, as demonstrations against President Trump's immigration crackdown raged for a third day. The troops were members of the California National Guard, called in by the president against the wishes of Gov. Gavin Newsom. Not since 1965 has a president summoned a state's National Guard against the will of a governor. Mr. Trump cited a rarely used law enabling him to bypass the governor in the event of 'a rebellion or danger of a rebellion against the authority of the Government of the United States.' Mr. Newsom called the move a 'serious breach of state sovereignty' and asked Mr. Trump to reverse his order. The National Guard is a state-based military force made up of hundreds of thousands of trained soldiers who live in communities across the country and typically serve only part time. Most hold civilian jobs or attend college. All new recruits must pass basic training. Once they're in, they participate in regular drills, usually one weekend each month, and a two-week-long training each year. The tradition of state-based militias is older than the nation itself. The National Guard traces its history to 1636, when the legislature of the Massachusetts Bay Colony formally organized its militia into regiments. Militias composed of nonprofessional civilian soldiers played a critical role in the Revolutionary War and, when the first standing American army was established in 1775, state militias continued to exist alongside it. Guard troops are activated only when they need to be — most often during natural disasters, wars or civil unrest. Both governors and the president have the power to activate the National Guard. A president's decision to activate the Guard often comes at the request of state or local officials. In 1992, President George H.W. Bush did so in response to the Rodney King riots after California's governor asked him to. At Sunday's protests in Los Angeles, National Guard troops appeared to largely refrain from engaging with demonstrators, even as federal immigration and homeland security officers and the city police fired crowd-control munitions at the protesters. Want all of The Times? Subscribe.
The Hill
28 minutes ago
- The Hill
Harris calls Trump's LA response ‘dangerous escalation meant to provoke chaos'
Former Vice President Harris criticized President Trump's deployment of the National Guard in her home city of Los Angeles and stressed the importance of the right to protest. In a statement on the social platform X, the former California attorney general and U.S. senator said she's 'appalled at what we are witnessing on the streets of our city.' 'Deploying the National Guard is a dangerous escalation meant to provoke chaos,' she continued. 'In addition to the recent ICE raids in Southern California and across our nation, it is part of the Trump Administration's cruel, calculated agenda to spread panic and division.' 'This Administration's actions are not about public safety — they're about stoking fear,' she added. 'Fear of a community demanding dignity and due process.' Harris said she supports the protesters, who, she said, have been 'overwhelmingly peaceful.' 'Protest is a powerful tool – essential in the fight for justice. And as the LAPD, Mayor, and Governor have noted, demonstrations in defense of our immigrant neighbors have been overwhelmingly peaceful,' Harris said. 'I continue to support the millions of Americans who are standing up to protect our most fundamental rights and freedoms,' she added. Her statement comes as tensions mounted in Los Angeles on Sunday, as police clashed with protesters and made dozens of arrests. Trump made the extraordinary decision to deploy 2,000 National Guard members, about 300 of whom have already been deployed in the city, as of Sunday afternoon. Trump said they were deployed to counter what he called 'insurrectionist mobs.' The administration's response to the protests has drawn widespread condemnation from Democrats. All 23 Democratic governors issued a joint statement pushing back against the federalization of National Guard units without Gov. Gavin Newsom's request or consent.
Politico
31 minutes ago
- Politico
Protests intensify in Los Angeles
LOS ANGELES — Tensions in Los Angeles escalated Sunday as thousands of protesters took to the streets in response to President Donald Trump's extraordinary deployment of the National Guard, blocking off a major freeway and setting autonomous vehicles on fire as local law enforcement used tear gas, rubber bullets, and flash bangs to control the crowd. Some police patrolled the streets on horseback while others with riot gear lined up behind Guard troops deployed to protect federal facilities including a detention center where some immigrants were taken in recent days. The clashes came on the third day of demonstrations against Trump's immigration crackdown in the region, as the arrival of around 300 federal troops spurred anger and fear among some residents. By midday, hundreds had gathered outside the Metropolitan Detention Center in downtown Los Angeles, where people were detained after earlier immigration raids. Protesters directed chants of 'shame' and 'go home' at members of the National Guard, who stood shoulder to shoulder, carrying long guns and riot shields. After some protesters closely approached the guard members, another set of uniformed officers advanced on the group, shooting smoke-filled canisters into the street. The arrival of the National Guard followed two days of protests that began Friday in downtown Los Angeles before spreading on Saturday to Paramount, a heavily Latino city south of the city, and neighboring Compton. As federal agents set up a staging area Saturday near a Home Depot in Paramount, demonstrators attempted to block Border Patrol vehicles, with some hurling rocks and chunks of cement. In response, agents in riot gear unleashed tear gas, flash-bang explosives and pepper balls. Tensions were high after a series of sweeps by immigration authorities the previous day, as the weeklong tally of immigrant arrests in the city climbed above 100. A prominent union leader was arrested while protesting and accused of impeding law enforcement. The recent protests remain far smaller than past events that have brought the National Guard to Los Angeles, including the Watts and Rodney King riots, and the 2020 protests against police violence, in which Gov. Gavin Newsom requested the assistance of federal troops. Minutes later, the Los Angeles Police Department fired rounds of crowd-control munitions to disperse the protesters, who they said were assembled unlawfully. Much of the group then moved to block traffic on the 101 freeway until California Highway Patrol officers cleared them from the roadway by late afternoon.
