Backdoor rulemaking: The government’s obsession with guidance
Federal agencies are increasingly using guidance documents to govern without following formal rulemaking processes. These documents, intended to clarify existing laws, often impose new policies and pressures on states and businesses. This trend raises concerns about accountability and the constitutional implications of regulation by intimidation.
- ▪Federal agencies have identified over 100,000 guidance documents, a significant increase under the Biden administration.
- ▪Guidance documents can create a chilling effect on compliance due to threats of enforcement actions.
- ▪The use of guidance to impose new policies without proper rulemaking procedures undermines the accountability of government agencies.
Opening excerpt (first ~120 words) tap to expand
Federal agencies repeatedly govern Americans through documents that are not supposed to carry the force of law. In theory, these “guidance documents” should merely explain how an agency is interpreting existing statutes and regulations. In practice, however, they often function as a shortcut around the lawmaking and rulemaking processes. That should concern anyone who cares about accountable government. Recommended Stories The FDA’s problem isn’t personnel — it’s enforcement Embracing the future: Say no to driver-in mandates Cold War 2.0: China didn’t challenge America from outside — it rose from within Congress writes laws.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Washington Examiner.
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