关于联邦法规的三十年战争

D. Farber
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引用次数: 0

摘要

利用Tom McGarity在他的新书《自由伤害》(Freedom to Harm)中收集的证据,本文考察了自里根担任总统以来三十多年来的监管历史。尽管现有的证据必然是不完整的,但它强烈表明,反对监管的人只取得了好坏参半的成功。通过立法来削弱监管国家的努力引发了激烈的政治斗争,但最终往往以机构权力的适度扩张而告终。监管的反对者在规则制定过程中运气更好,他们成功地推迟或扼杀了监管努力,或削弱了最终的监管。在这些努力中,他们成功地加入了“更明智监管”的倡导者的行列。然而,最终,联邦监管机构仍在继续增长,几乎丝毫没有减弱。反对监管的人最大的成功是通过削减预算和改变政策来削弱执法,但即便如此,其他因素也可能有助于减轻对监管受益者的影响。总而言之,尽管环保主义者感到沮丧,但对于监管国家的反对者来说,这也是一段令人沮丧的时期。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Thirty Years War Over Federal Regulation
Using the evidence Tom McGarity assembles in his recent book 'Freedom to Harm', this paper examines regulatory history during the thirty-plus years since Reagan became president. Although the available evidence presented is necessarily incomplete, it suggests strongly that the opponents of regulation have had only mixed success. Legislative efforts to roll back the regulatory state have given rise to pitched political battles, but in the end have not infrequently ended in modest expansions of agency authority. Opponents of regulation have had more luck in the rule-making process, where they have succeeded in delaying or killing regulatory efforts or in weakening the final regulations. They have successfully joined advocates of “smarter regulation” in some of these efforts. Yet, in the end, the body of federal regulation has continued to grow almost unabated. The biggest success of the opponents of regulation has come through budget cuts and policy changes that have weakened enforcement, but even there, other factors may have helped soften the impact on the beneficiaries of regulation. Altogether, despite the frustrations of environmentalists, this has also been a dismal period for opponents of the regulatory state.
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