Prospects for successful deregulation in Kansas


In the following short piece from the Wall Street Journal, Paul Rubin tells how difficult it was to battle regulation during the Reagan Administration, and therefore offers little hope that President Obama’s recent initiative to curb regulation will have any success.

In Kansas, Governor Brownback has created the “Office of the Repealer” and has appointed Secretary of Administration Dennis Taylor to serve as the “Repealer.” Will this initiative be successful in Kansas? Based on Rubin’s experience in the Reagan Administration, I will be pleasantly surprised if any meaningful repeal or reform of regulation is achieved.

Can Deregulation Work?

It was hard under Ronald Reagan. It will be impossible under Barack Obama.

By Paul H. Rubin

How successful is the president’s recently announced deregulatory initiative likely to be? Based on my experience at two regulatory agencies (the Federal Trade Commission and the Consumer Product Safety Commission) during the Reagan years, I am not optimistic.

President Reagan was serious about deregulation and appointed agency heads — Jim Miller at the FTC, Terry Scanlon at the CPSC — who were also serious. In turn they appointed determined managers like me, and they backed us up.

We did some good, but it was not easy. The permanent staffs of the agencies were always interested in more regulation, either because of self-selection or because promotions and power increase in a larger agency. It also helped that we deregulators (generally economists) were not usually interested in permanent government positions, because reducing the power of the agency is a sure way to make enemies.

Although my mandate was to cut back, I spent more time fighting new proposals than getting rid of old ones. The staffs wanted more, not less. Whenever I met acquaintances from other agencies the invariable comment was “You won’t believe what they want to do now.” (“They” were the permanent staffs.)

The current regulatory agencies are not going to hire or promote people like me. Without managers with a strong interest in deregulation and with the backing of senior administrators, there will be no serious power to buck the staffs. The current executive order seems to impose cost-benefit analysis, but it has enough loopholes (“equity, human dignity, fairness”) so that agencies will be able to do whatever they want.

Deregulation was hard even under Reagan. I am afraid it will be impossible under Mr. Obama.

Mr. Rubin is a professor of economics at Emory University.


One response to “Prospects for successful deregulation in Kansas”

  1. A Nony Moose

    Hopefully Mr. Brownback puts his money where his mouth is and really does shrink the size of the state government. We need to amend the Kansas Constitution and strike the “suitable education” clause. Those two words are so subjective that the Kansas legislature will be bloviating about it all session long! It is up to each individual parent to define what a “suitable education” is for their child or children, not the incompetent legislature or state government educrats!

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