Fighting Regulatory Capture in the 21st Century

From: RegBlog | Penn Program on Regulation

It is not every day that I have the opportunity to join with my colleagues Senator Sheldon Whitehouse (D-R.I.) and Senator Elizabeth Warren (D-Mass.) to advance the same cause. On paper, you might think that the three of us do not have much in common.


The modern administrative state flips this theory on its head, consolidates power, and assumes that good intentions will always overcome “the latent causes of faction.” This upending of our constitutional order was not accidental, and it did not happen overnight. Over the course of the 20th century, Congress steadily surrendered its constitutional powers and responsibilities to the executive branch. And, since that period, this trend has only accelerate

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