Home | Business News | Browse by Publication | R | Regulation

OIRA at midnight.

Article Excerpt
"Midnight regulations" are a regular target of criticism. However, unless you believe that regulation of any kind is always problematic, the fact that regulatory activity increases at the end of a presidential term should not by itself be a cause for concern. Thus, thoughtful objections to midnight regulations do not center simply on the increase in regulations, but on the process of their formulation.

The most common criticism relates to accountability. During the "midnight" period--after the November election, but before a new president is sworn in--a lame-cluck administration might be impervious to normal checks and balances. It need not worry ever again about securing Congress's cooperation nor the electorate's votes, and therefore has a freer hand to pursue regulatory prescriptions that might otherwise have invited retaliation.

[ILLUSTRATION OMITTED]

Related to the concern over accountability is the criticism that midnight regulations can be undemocratic. After the election, the people have spoken, and if they have chosen a new president with policies different from those of the sitting president, then actions by the sitting president aimed at exerting power beyond his term may directly contradict the stated preferences of...

View this article FREE - Now for a Limited Time, try Goliath Business News
Free for 3 Days!