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Conservative Voices
Conservative Voices
24 w

How DOGE Can Suspend Unneeded Regulations
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spectator.org

How DOGE Can Suspend Unneeded Regulations

Elon Musk and Vivek Ramaswamy, the co-leaders of President-elect Trump’s Department of Government Efficiency (DOGE), have announced ambitious goals for cutting unnecessary government regulations, an effort in “retrospective review” that is long-overdue.   Our current federal governmental structure is devoted almost exclusively to so-called administrative “experts” developing and promulgating new rules and regulations. But the government never goes back to assess systematically whether existing regulations are actually needed or achieving their stated goals.  This uncontrolled expansion of federal regulation is exactly what was foreseen in 1973 in a perceptive but obscure book, The Institutional Imperative, by an experienced Washington lawyer, Robert Kharasch.  There is even a chance that some sensible Democrats might cross party lines to support a freeze on enforcement of … unnecessary federal regulations. Kharasch argues that the real goal for people in government is not to solve problems, but to maintain the institution and assure the public and the Congress — and I would add, themselves — that the work they are doing is important and worthy of expanded funding. In other words, our current governmental structure does not include any mechanism to declare victory and go home, a situation that predictably leads to uncontrolled growth called “hypertrophy.”  As the 19th century polymath, Samuel Taylor Coleridge put it, “Every reform, however necessary, will by weak minds be carried to an excess, that will itself need reforming.” This critique rings true to my experience as a former General Counsel of one of the worst offenders, the Environmental Protection Agency, as well as practicing and teaching environmental and administrative law at Yale for almost fifty years.  As I outlined in a 2012 article in The Atlantic, “The Case for Trimming the EPA,” as the environment had gotten much cleaner over the decades since 1970, EPA has only gotten bigger and its regulations more expensive, complex, and intrusive. The agency has consistently found new and often fewer and less significant problems to justify its existence and expand its funding.  (READ MORE from E. Donald Elliott: Are the American People Smart Enough to See Through the Political Theater?) A good example are the recent draconian regulations I have criticized in these pages that will cost trillions to “clean-up” PFAS, a chemical that hasn’t been proven to cause any substantial harm at low levels.  (Note: any chemical with letters for a name is scary to the public.). However, enter “the resistance” to much needed change.  A recent article in The Washington Post quotes George Washington University administrative law professor Richard Pierce arguing that DOGE is a fools’ errand because it will take two to three years plus extensive litigation to get rid of even one existing regulation. To paraphrase Lloyd Benson’s famous rejoinder to Dan Quayle during their vice-presidential debate, “I know Dick Pierce, Dick Pierce is a friend of mine.”  Professor Pierce has a valid point but there is a way around it. The conventional way to get rid of administrative regulations is to revoke them.  The Reagan Administration tried to do that with a rule requiring all new cars to have air bags or automatic seatbelts that strapped in their occupants whether they wanted to fasten them or not.  The Supreme Court slapped down that previous de-regulatory effort in an (in)famous case taught in every administrative law class, Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto Ins. Co., 463 U.S. 29 (1983).   That case held, more or less as an unjustified ipse dixit, that in order to get rid of a regulation, an agency had to go through the same process of notice and comment rulemaking and benefit-cost analysis plus judicial review that was used to create it in the first place.  That’s what Professor Pierce is referring to when he is quoted as saying that Musk and Ramaswamy are “‘utterly ignorant’ of the realities of federal law, which mandates strict procedures for repealing existing regulations.”   Starve Regulations of Funding However, a much faster way exists: appropriations riders that forbid agencies and the Department of Justice from enforcing antiquated or unnecessary regulations.   As I point out in a forthcoming article in The Harvard Journal of Public Policy, a draft of which is available here, appropriations riders are one of the few tools left to the Congress and the President to reel in the administrative state.  As a result of the Republicans’ “trifecta” in the recent elections, they now control not only the White House but also both houses on Congress, although by narrow majorities.  As a result, they can probably enact appropriations riders, but even if they cannot, in my experience, agencies typically respect even report language from a single house, which is much easier to obtain that a law passed by both house and signed by the president. What DOGE should do is solicit nominations from the public concerning existing rules that are unduly burdensome and/or unnecessary.  Then, after looking into the claims, DOGE should provide the White House, the Congress and the public a list of those it thinks should be paused immediately. Congressional committees should then hold hearings and enact riders in appropriations bills that prohibit the government spending any more money to enforce those rules while the government decides whether to revoke those rules permanently or simply leave them on the books as “dead letters.”  (Admittedly, this may not always be a perfect solution, because a few federal laws, particularly environmental laws such as the Clean Air Act, provide for lawsuits by states and/or private parties to enforce existing rules.) Ample precedent exists for de-funding as a strategy.  For example, in 1972, the Congress in its wisdom — or in this case, lack thereof —enacted the Noise Control Act of 1972, which gave EPA broad powers to regulate noise from all products “distributed in commerce,” which essentially means everything.  However, a decade later, in 1982 under the Reagan Administration, Congress de-funded EPA from using any federal funds to enforce that statute in order to return control of noise back to the states, a prohibition that lasts to this day.  Thus, while the Noise Control Act technically still remains on the books, it is a dead letter in practice. (READ MORE: Are the Criminal Cases Against Trump Unconstitutional?) Congress should use one of the few legal devices left to rein in the administrative state, its power of the purse.  There is even a chance that some sensible Democrats might cross party lines to support a freeze on enforcement of particularly burdensome or unnecessary federal regulations. The post How DOGE Can Suspend Unneeded Regulations appeared first on The American Spectator | USA News and Politics.
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Conservative Voices
Conservative Voices
24 w

The American Electorate Revolted Against False Values
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The American Electorate Revolted Against False Values

The defeat that the Democratic Party has just sustained is being blamed by its more fanatical adherents on racism, misogyny, reaction against ‘lawfare,’ the stubbornness of Biden, the inarticulateness of Harris, the rubbishing of the Catholic church, open borders, potential involvement in foreign wars, the effects of COVID and inflation, and the focus on Trump’s personality. Yet American elites resisted the Welfare Reform Act of 1996, twice vetoed by President Clinton before he ultimately signed. But the sweep of Republican victories and near-victories suggest larger causes at work. Harris under-performed Mrs. Clinton and Obama as well as Biden and did so nearly everywhere. The Republican disaster in 1964 was a vote to sustain social security and the welfare state, such as it was. This year’s vote was a vote against seventy years of leveling down of standards of behavior. Americans do not like sumptuary legislation, particularly federal sumptuary legislation. The extension of prohibitions against state-imposed racial discrimination first to private discrimination and then to ‘disparate impacts’ and ‘hostile environments’ has taken its toll. The devaluation of marriage with the invalidation of sodomy laws, abortion on demand, the compulsory validation of ‘gay marriage,’ the legitimization of male homosexuality in all its aspects, and the validation of transgenderism even to the point of public financial support and insulation from parental authority convinced large portions of the electorate, particularly those charged with the up-bringing of adolescents, that the federal government was their enemy, not their friend. The Clinton administration discarded the reports of two national commissions concerned with people at the bottom of society: the Dunlop commission recommending building-level labor organizations and the Barbara Jordan commission recommending skills-based immigration reform. (READ MORE from George Liebmann: Democrats Want to Lower the Voting Age) Even the Bolsheviks reacted against sexual libertarianism, pressed to its limits. The 1918 Soviet family law with its instant divorce and free abortion was stiffened in 1926 in reaction to the depredations of fatherless youths. The Democratic family agenda or lack thereof has been sustained by concealment of inconvenient facts. The proportion of births to unwed mothers increased from 4 percent to more than 40 percent from 1970 to 2020, among blacks from 30 percent to 70 percent, and among black high school dropouts to more than 90 percent. More than half of fatherless black men were involved with the criminal justice system by the age of 40. The likelihood of venereal disease infection is ten times as great for unprotected anal sex as for unprotected vaginal sex. Although there are thankfully drugs that allow AIDS sufferers a normal life span, until recently the cost to the government of these drugs approximated a million dollars a person over a lifetime, and the federal AIDS budget exceeded $40 billion per year. The incidence of suicide among the beneficiaries of transgender treatments is about six times that in the general population. The effects of well-intentioned affirmative action programs are self-segregation, enhanced racial tension, and grade inflation leading to a reduction in studying, as a quest for meaningless grades is forsworn in favor of extra-curricular activities. “Disparate impact” ideology has prevented any serious effort through drug testing to curtail the consumption of both licit and illicit drugs by student populations, to the point where 20 percent of male youth are disqualified from either the military or labor market, with macro-economic costs. As long ago as 1927, Bertrand Russell wrote about the purposeless lives of young men whose consorts had “married the state” through provision of child care, food, medical care, and housing. Fifty years ago, Arthur Schlesinger Jr. observed that the problems of blacks in large cities were the typical problems of urban proletariats the world over, which would not yield to the moralistic fault-finding of black ministers ascribing social ills to Confederate mores. America’s northern liberals still have not taken on board these lessons, seeking to inculcate among blacks an ideology of self-pity forsworn by all other ethnic groups. Both Isaiah Berlin and George Kennan have analogized them to the well-born late 19th century Russian narodniki, who pitied peasants but did not understand them, and who paved the way for Bolshevism. The gains that should have resulted from the civil rights movement have been largely negated by the effects of the welfare rights movement, the sexual revolution, and the drug war. Yet American elites resisted the Welfare Reform Act of 1996, twice vetoed by President Clinton before he ultimately signed; the Dobbs decision backing away from free love; and the beginnings of drug decriminalization, on which Democratic governors and the Biden administration have dragged their feet. In 1947, Gunnar Myrdal published An American Dilemma, lamenting the downtrodden state of American blacks, The dietary deficiencies and outdoor privies he deplored have since yielded to government programs, but the crime, family breakdown, and venereal disease statistics have grown markedly worse. (READ MORE: Firearms Control: It’s Time for a Common-Sense Bargain) Perhaps a change will be wrought by November 5. Donald Trump is the opposite of a moral exemplar. His social conscience is well concealed, but he appears to possess at least a semi-efficient bull**it detector. Dislike of Trump does not justify disregard of the ordinary folk who brought him to power, and who want to think that the national government is not educating the young in false values. The writer, who expresses his individual views, is President of the Library Company of the Baltimore Bar and author of works on law and history, most recently The Tafts (Twelve Tables Press, 2023). The post The American Electorate Revolted Against False Values appeared first on The American Spectator | USA News and Politics.
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Intel Uncensored
Intel Uncensored
24 w

Rothschild Death: A Member Of The Banking Cartel Has Died In A Fire
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Rothschild Death: A Member Of The Banking Cartel Has Died In A Fire

by Mac Slavo, SHTF Plan: An elderly member of the Rothschild banking cartel dynasty is believed to have been killed in a house fire in Los Angeles. The blaze at a property on Lookout Mountain Avenue in the Hollywood Hills broke out on Wednesday, with 45 firefighters requiring just over half an hour to extinguish the flames, […]
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Intel Uncensored
Intel Uncensored
24 w

Study: Biden-Harris Administration Weaponized Education Department to ‘Punish’ Christian Colleges
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Study: Biden-Harris Administration Weaponized Education Department to ‘Punish’ Christian Colleges

by Amy Furr, Breitbart: Data shows that the Biden-Harris administration has been targeting faith-based colleges, a study found. According to the American Principles Project (APP), actions by the Department of Education have “unfairly” targeted Christian colleges and universities while ignoring Ivy League schools, the organization reported on November 18. TRUTH LIVES on at https://sgtreport.tv/ The report said almost […]
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Intel Uncensored
Intel Uncensored
24 w

IT’S ALL COMING OUT & NOTHING CAN STOP IT — Callender | Vliet
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IT’S ALL COMING OUT & NOTHING CAN STOP IT — Callender | Vliet

from SGT Report: The house of Rothschild is on fire, kinda literally – at least one one of them. And the crimes against humanity committed by the houses of Rockefeller and Rothschild are being exposed like never before, and NOTHING can stop it. Meanwhile Donald Trump hasn’t even been sworn in yet and many conservative […]
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Intel Uncensored
Intel Uncensored
24 w

COVID-Vaccinated Hit With Grave New Reality | Media Blackout
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COVID-Vaccinated Hit With Grave New Reality | Media Blackout

from ZeeeMedia: TRUTH LIVES on at https://sgtreport.tv/
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Intel Uncensored
Intel Uncensored
24 w

What Are Pennies Made Of?
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What Are Pennies Made Of?

by Ronan Manly, BullionStar: Have you ever thought about what pennies are made of? At first glance, it may seem like a minor coin, almost negligible in value. However, the cost to produce each penny actually exceeds its face value, which has led to debates about whether keeping the penny in circulation is worth it. […]
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BlabberBuzz Feed
BlabberBuzz Feed
24 w

NY Senator Floats This RIDICULOUS Idea In Order To Dodge Trump 2.0 Policies
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NY Senator Floats This RIDICULOUS Idea In Order To Dodge Trump 2.0 Policies

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Daily Wire Feed
Daily Wire Feed
24 w

Fight Erupts Between Michigan, Ohio State Following Wolverines Upset Win
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Fight Erupts Between Michigan, Ohio State Following Wolverines Upset Win

A fight broke out between Michigan and Ohio State Saturday afternoon following the Wolverines’ 13-10 upset victory over the No. 2 ranked Buckeyes. The brawl erupted after Michigan football players brought a school flag onto the field after the win and tried to plant it at center field at Ohio Stadium, commonly referred to as “The Horseshoe” by Ohio State fans. Police used pepper spray to breakup the altercation that ESPN reported lasted for approximately five minutes. A fight has broken out between Michigan and Ohio State after The Game pic.twitter.com/XPwdAjfYzN — FOX College Football (@CFBONFOX) November 30, 2024 Ohio State Police said in a statement that “officers from multiple law enforcement agencies assisted in breaking up an on-field altercation.” “During the scuffle, multiple officers representing Ohio and Michigan deployed pepper spray,” the statement said. “OSUPD is the lead agency for games & will continue to investigate.” CHECK OUT THE DAILY WIRE HOLIDAY GIFT GUIDE Following the game, officers from multiple law enforcement agencies assisted in breaking up an on-field altercation. During the scuffle, multiple officers representing Ohio and Michigan deployed pepper spray. OSUPD is the lead agency for games & will continue to investigate. — OSU Police (@OSUPOLICE) November 30, 2024 Buckeyes head coach Ryan Day later blamed Michigan for starting the melee by planting the flag. “I don’t know all the details of it, but I know these guys are looking to put a flag on our field and our guys weren’t going to let that happen,” Day said. “I’ll find out exactly what happened. But this is our field and certainly we’re embarrassed of the fact that we lost the game, but there’s some prideful guys in this team that weren’t going to just let that happen.” Wolverines head coach Sherrone Moore said that emotions were running high on both sides. “I did see they had the flag and guys were waving it around and their guys charged us. There’s emotion on both sides,” he said. “It can’t happen. Rivalry games get heated, especially this one, it’s the biggest one in the country, so we got to handle that one better.”
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Daily Wire Feed
Daily Wire Feed
24 w

Terrorists Take Control Of Aleppo After Shocking, Fast-Paced Offensive
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Terrorists Take Control Of Aleppo After Shocking, Fast-Paced Offensive

Islamic terrorists captured Aleppo late this week after mounting a rapid offensive that caught the Syrian regime off guard. The Wall Street Journal reported that it had taken Syria and its allies — Iran, Russia, and the Iranian-backed terrorist group Hezbollah — more than four years to force the terrorists out of Aleppo in 2016. Terrorists recaptured the city in “just a few days, including parts of the city that the Syrian army had never surrendered before,” the report said. “The Assad regime’s ongoing refusal to engage in the political process outlined in UNSCR 2254, and its reliance on Russia and Iran, created the conditions now unfolding, including the collapse of Assad regime lines in northwest Syria,” the White House said in a statement. “At the same time, the United States has nothing to do with this offensive, which is led by Hay’at Tahrir al-Sham (HTS), a designated terrorist organization.” “The United States, together with its partners and allies, urge de-escalation, protection of civilians and minority groups, and a serious and credible political process that can end this civil war once and for all with a political settlement consistent with UNSCR 2254,” the statement added. “We will also continue to fully defend and protect U.S. personnel and U.S. military positions, which remain essential to ensuring that ISIS can never again resurge in Syria.” CHECK OUT THE DAILY WIRE HOLIDAY GIFT GUIDE The stunning collapse of Aleppo is a direct result of wars that have broken out to the north and south of Syria. To the north, Russia’s invasion of Ukraine has drained Russia’s resources in the region and Hamas’ attack on Israel has spurred a multi-front war in the Middle East. Israel has hit Iran’s Islamic Revolutionary Guard Corps (IRGC) in Lebanon and Syria, significantly damaging its forces in the region. Israel has also decimated Hezbollah, having killed nearly all of the terrorist group’s leaders and senior commanders, and wiped out its stockpile of missiles, rockets, and drones. “Hezbollah is crippled,” said Navvar Şaban, a researcher on Syria at the Harmoon Center for Contemporary Studies. “This has created a huge vacuum. Though there were regime forces located in Aleppo, they were not trained, they lacked military discipline, they lacked tactics and even their retreat plan was a disaster.”
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