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The Challenge of the Regulatory State in America

Mark Twain famously asserted that “no man’s life, liberty, or property is safe while the legislature is in session.” While his quip was aimed at elected officials of his time, were he alive today, Twain might direct his critique toward unelected bureaucrats. These regulatory agents, who often hold significant power that rivals elected lawmakers, are constantly active, enforcing regulations that permeate nearly every aspect of American life.

Many Americans recognize the overreach of federal agencies—the notorious “alphabet soup” prevalent in Washington. Yet, the issue manifests just as dangerously within the regulatory frameworks of all 50 states. The prevailing reality in modern America is that the regulatory apparatus does not merely seek to solve problems; it frequently becomes the very problem it aims to address.

In Ohio, for instance, a state licensing board recently targeted a small engineering firm in Cincinnati for hiring a licensed engineer as an independent contractor rather than as a full-time employee, even though the law specifies only the need for a “full-time” engineer without addressing the nature of employment. This ruling was less about legal adherence and more about the board’s interpretation of existing regulations.

A Turning Point for Entrepreneurs

Fortunately, the Ohio Supreme Court intervened, upholding the principle of judicial restraint by stating that regulatory bodies should not exceed the clear intentions of the law. This ruling not only benefited one business but also set a precedent for all entrepreneurs facing a regulatory labyrinth that often works against their interests. Ohio’s landscape is dotted with 222 boards and commissions, each empowered to impose rules that can hinder a myriad of professions, from landscape architecture to family therapy.

The court’s ruling marked a significant shift, echoing a similar sentiment articulated by the U.S. Supreme Court, which has begun to question the longstanding practice of Chevron deference. This doctrine historically granted federal agencies broad interpretative power over laws, allowing them to reshape regulations to fit their understanding.

As a former presidential candidate and a current candidate for governor of Ohio, I place substantial emphasis on addressing the administrative state. Although such discussions may seem abstract to many Americans, the regulatory landscape is, in fact, the greatest impediment to economic growth that we face today.

Moreover, the regulatory machine often operates outside the bounds of both the governor and the president’s control, evolving into an unelected “fourth branch” of government—an entity the Framers of the Constitution did not foresee and did not authorize. While our democratic system relies on checks and balances, the reality often indicates that it is the bureaucracy employing those checks, frequently without accountability.

Restoring Accountability and Reducing Burdens

Efforts by President Donald Trump to curtail federal bureaucracy sparked significant resistance, and it is likely that similar challenges will arise in Columbus should I win the gubernatorial election. Nevertheless, the tools are available to restore accountability within our systems.

Progress has been made in reducing excessive regulations—Ohio’s leadership has mandated a 30% reduction in regulations by mid-2025. However, I believe there is more to be accomplished. Adopting a policy akin to Trump’s 10-for-1 deregulation rule, I would require state agencies to revoke ten existing rules for every new regulation they propose. With more than 35,000 pages of regulations in the Ohio Administrative Code, we stand poised to eliminate outdated and burdensome rules that hinder economic vitality.

Regulatory red tape does not merely drain financial resources; it consumes time and impedes economic activity. Bureaucratic delays can extend permit processing for months, often hampering business operations. Therefore, I would implement rigid timelines for permitting decisions, ensuring that agencies face financial consequences for non-compliance.

Furthermore, I would advocate for more accessible avenues for Ohioans to contest bureaucratic overreach within their counties, rather than requiring them to travel to Columbus. Individuals acting in good faith should not suffer ruinous repercussions from inadvertent errors.

Seeking Broader Solutions

An overarching goal should be to apply these regulatory reforms at the federal level as well. One significant legislative proposal is the REINS Act, which mandates congressional approval for major new federal regulations before they can take effect. Ohio should emulate neighboring states such as Indiana and Kentucky by instituting a similar state-level version of the REINS Act.

The regulatory state has evolved into what many see as a crucial threat to life, liberty, and property in contemporary America. However, there is optimism in knowing that effective solutions exist. With the right leadership and commitment, we can initiate substantial changes now.

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