It’s increasingly clear that one of the best things—if not
the
best thing—we can do to spark economic growth is to ease the regulatory burden on business. The Phoenix Center for Advanced Legal and Economic Public Policy Studies found that a mere 5 percent reduction in the regulatory budget, amounting to $2.8 billion, could result in some $75 billion in private-sector growth in the GDP and add 1.2 million jobs per year. The paper concluded that to eliminate just one regulator would grow the economy an average of $6.2 million and create 100 private sector jobs annually. On the other hand, for every million-dollar jump in regulatory budget costs, the economy can be expected to lose 420 private sector jobs. The paper’s authors thus suggest that Congress begin its budget cutting with the regulatory budget.
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“THERE’S MORE THAN ONE WAY OF SKINNING THE CAT”
An incomprehensible amount of legislative power has been delegated to or usurped by the federal administrative monster controlling much of our country. The Constitution gives Congress legislative authority, but over the years it has increasingly abdicated its legislative duties through delegation to virtually unaccountable, independent administrative agencies (most of which are in the executive branch). The judicial branch bears some responsibility for this pattern of extra-constitutional delegation as well, having long since abdicated its role as a constitutional watchdog and having routinely approved such transfers of power.
As a result, Congress can delegate some its tough decisions to theoretically impartial agencies and avoid hard work and political heat. This transfer of power further removes the people from the governing process, as these agencies answer to no one except the courts, which in the absence of something akin to gross error, rubber stamp their decisions. This is one of the insidious ways that our brilliantly crafted constitutional republic has been subverted in favor of rule by a soulless administrative state.
A perfect example of this phenomenon is seen in an incident that occurred following the 2010 congressional elections, when the people resoundingly rejected Obama’s big government agenda. After the newly elected Republican majority said “no” to the administration’s relentless march toward socialism with such legislative nightmares as cap-and-trade, Team Obama just regrouped and negotiated an end-run through administrative rules and regulations. Obama broadcast his intentions by responding to the failure of cap-and-trade with the arrogant, defiant proclamation, “There’s more than one way of skinning the cat.”
This is part of a pattern seen throughout the administration: although the FCC is ostensibly independent, under the leadership of Obama-appointed directors, it seeks to regulate the internet when legislation fails; the EPA exerts ever more authority over wetlands on its own initiative; and the administration capriciously grants thousands of waivers to exempt chosen companies and other concerns from some of the onerous costs of ObamaCare—all without congressional authority, accountability, or oversight.
FINED $15,000 FOR HIRING TOO MANY BROKERS
Oblivious to such testimony, Democratic Senate Majority Leader Harry Reid argued in a floor speech on November 15, 2011, that it’s a “myth” that regulations cost jobs. “Only a tiny fraction of layoffs” have anything at all to do with tighter regulation, says Reid, who also claims there isn’t “a single shred of evidence” that regulations cause major economic harm.
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Reid was relying on data from the Bureau of Labor Statistics, which reported that for the third quarter of 2011, only 0.3 percent of respondents polled cited governmental regulations and intervention as the reason for mass layoffs—defined as fifty or more workers being laid off for thirty-one days or more. But Heritage scholar James Gattuso explains that just looking at mass layoffs can be misleading. While those kinds of layoffs get the most media attention, they are just a portion of the job-loss equation. Many layoffs, says Gattuso, involve fewer than fifty employees at a time; indeed most small businesses don’t even have fifty employees.
More important, as previously explained, job losses are
not
the main problem; a bigger one is the lack of job
creation
. Unemployment has remained high despite the fact that gross job losses have been relatively low; that’s because job creation has been very low. The administration can spout the false metric of “jobs saved” all it wants, but until the economy starts creating new jobs, unemployment will remain high. The surveys cited by Reid are thoroughly deceptive, since employers aren’t asked why they did not expand, only why they laid off employees.
91
“DON’T ALWAYS BELIEVE WHAT YOU HEAR”
This perverse belief comes from the top, for Obama is equally obtuse about the smothering effect of regulations. At a town hall meeting in Atkinson, Illinois, a farmer told him, “We enjoy growing corn and soybeans and we feel we do this as safely and efficiently as we possibly can, and mother nature has really challenged us this growing season…. Please don’t challenge us with more rules and regulations from Washington, D.C. that hinder us from doing that. We would prefer to start our day in a tractor cab or combine cab, rather than filling out forms and permits to do what we like to do.” After Obama asked him to cite a specific rule, the farmer discussed rumors of impending rules on noise pollution, dust pollution, and water runoff. Obama glibly responded, “Don’t always believe what you hear,” adding that he suspected if the farmer talked to the USDA, he’d find “that some of your fears are unfounded.” Without ever addressing the meat of the concern, Obama assured the farmer that he was very concerned about farming problems because he comes from a farm state.
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Well, if the farmer’s fears were unfounded, how does Obama explain the EPA’s ludicrous proposed regulation on farm dust? The agency is seeking to revise the National Ambient Air Quality Standards (NAAQS) concerning “coarse particulate matter,” otherwise known as dust. The current NAAQS regulate such things as soot, and now it’s interested in that ubiquitous, evil substance, dirt.
The EPA’s own scientific panel hasn’t even determined that further regulation would be helpful, but that is no barrier to the agency, which apparently has little concern for the extra costs and time burdens this would place on farmers, resulting in higher food prices for the rest of us. Tightening the regulations could require farmers to undertake dust-control activities such as watering down dirt and gravel roads. Congresswoman Kristi Noem, to prevent or at least delay this nonsense, introduced the Farm Dust Regulation Prevention Act of 2011, which would bar the EPA from effectively revising the NAAQS for at least a year following passage of the act.
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“The proposal to regulate farm dust is one of the most absurd ideas to come out of the EPA in a long time,” said Congressman Tom Cole, a co-sponsor of the bill. Cole insisted that farmers are fully capable of implementing commonsense measures to control their own dust and don’t need further job-killing regulations. None of these arguments made any impression on Obama, who threatened to veto the bill.
95
“BUREAUCRATS WHO KNOW NOTHING ABOUT RUNNING A BUSINESS”
One businessman perfectly captured the administration’s obtuseness about the business world. Bernie Marcus, co-founder of Home Depot, said his company would never have succeeded had it launched today with these “impossible” regulations. “Every day,” he explained, “you see rules and regulations from a group of Washington bureaucrats who know nothing about running a business. And I mean every day. It’s become stifling.” Asked about Obama’s promise to streamline and eliminate regulations, he replied, “His speeches are wonderful. His output is absolutely, incredibly bad. As he speaks about cutting out regulations, they are now producing thousands of pages of new ones.” Asked if he could sit down with Obama and talk to him about job creation, he replied, “I’m not sure Obama would understand anything that I’d say, because he’s never really worked a day outside the political or legal arena. He doesn’t know how to make a payroll, he doesn’t understand the problems businesses face.”
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Consumer Electronics Association President Gary Shapiro had equally sharp criticism for the administration’s regulatory straightjacket. “I challenge anyone, and no one’s ever answered me, to come up with a more anti-business administration,” said Shapiro. “They’re doing things that are very harmful to the economy. They’re not bad people. They just have no experience with business.” He argued that Obama is fostering a mindset that “business is evil,” and which tells businesses that “there’s not a sympathetic ear at all” in the White House. “It’s the ‘business is the enemy’ thinking. I don’t think that’s a healthy thing to do.”
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While the administration is smothering the private sector, it is growing the public sector at an unprecedented rate. One study showed that between 2009 and 2010, the regulatory staff at federal agencies increased about 3 percent, with indications it would grow by another 4 percent in 2011. In fact, if the federal government’s regulatory operation were considered a business, it would be among the nation’s fifty largest revenue producers and the third largest employer.
99
“WE CAN CREATE A VIRTUOUS CYCLE”
In February 2011, in a supposed overture to the Chamber, Obama couldn’t help lecturing them, and railing against the free market again, about the heartlessness of its invisible hand. In a speech to the Chamber, he paraphrased John F. Kennedy, urging business leaders “to ask yourselves what you can do for America. Ask yourselves what you can do to hire American workers, to support the American economy, and to invest in this nation.”