Explore the similarities and differences between federal and state regulation. Discuss lawmakers' lack of review process for rules and regulations. Examine the accountability of regulatory agencies and methods for measuring the impact of new laws. Discover the skepticism of fiscal notes and efforts to eliminate Chevron deference in state courts.
State-level regulators face similar incentives to federal regulators, highlighting the need for careful scrutiny by state lawmakers.
Implementing measures to enhance accountability and oversight can prevent agency overreach and abuse of power at the state level.
Deep dives
Similarities and Differences in Regulation at Federal and State Levels
Regulation at both the federal and state levels involves agencies that act in similar manners. The legislature delegates authority to agencies to figure out how to enact laws. However, the problem arises when legislatures are not cautious, leading to agencies overstepping their boundaries. This issue exists at both the state and federal levels.
Reigning in Administrative Agencies at the State Level
At the state level, there are similar mechanisms to control administrative agencies. Joint committees on administrative rules, found in some states like West Virginia, review and consider all rules before they can be enacted. This system makes agencies more aware that the legislature will be scrutinizing their actions. As a result, agencies tend to be more careful, leading to a reduction in excessive regulations.
Increasing Accountability and Reducing Overreach
To address agency overreach, some states have implemented measures to hold lawmakers accountable for regulatory decisions. States like Oklahoma have realized the importance of legislators taking control and reviewing rules before they go into effect. Additionally, having independent committees or staff to review proposed regulations can provide a check on agencies and ensure compliance with legislative intent. By enhancing accountability and oversight, states can prevent agencies from abusing their power.
It may not be shocking to learn that state-level regulators face many of the same incentives as federal regulators. State lawmakers should pay close attention to how those regulators do their work, says Joe Luppino-Esposito of the Pacific Legal Foundation.