Generally speaking, freedom should be the rule absent the need to protect people, their property or the environment. The attached article notes that federal regulations and interventions cost the economy $1.9 trillion in 2015. See: WSJ Article – So Many Rules So Few Opportunities (PDF). In a February 12, 2012 article, The Economist magazine stated: “[T]he home of laissez-faire is being suffocated by excessive and badly written regulation.” The Congress has neglected its duties and, as a result thereof, the Executive Branch has grown its power in an abusive manner. Congress should enact a law that requires all appropriations of all agencies to be annually approved by it. Attached is an article I wrote that outlines an Executive Branch abuse of power matter I have been fighting for years. It notes how agencies are expanding the use of user fees to increase their power and provide for self-funding. Article Tax Notes ABuckley Oct 15 2012 (PDF). (If you wish to read more about the PTIN litigation, a discussion can be found on my business website.) A law needs to be enacted that makes executive orders and regulations issued without statutory authority unlawful. The Balance of Powers Restoration Act, a bill I will sponsor if elected that addresses the problem, is attached. Balance of Powers Restoration Act (PDF). It has real teeth because it potentially makes heads of administrative agencies financially liable for abuse of power.
Most laws and regulations should be given a “sunset,” whereby the laws and regulations cease to be laws and regulations as of a specific date absent action by Congress to reinstate them. An ordinary sunset should be ten years. Reason article on Moore’s Law (PDF). An example of where federal regulation needs to be repealed is COBRA coverage. With Obamacare, universal coverage is available. So, there is no longer any need for COBRA with respect to employment termination, etc., and COBRA should be repealed. The HIPAA health care privacy rules are a disaster, as virtually everyone in business can potentially become subject to these rules at some point (often without knowing it). These rules should be repealed, coupled with federal law providing that failure to use reasonable care with respect to an individual’s personal health information is actionable for compensatory damages plus attorneys’ fees. In the retirement plan area, attached is an article I wrote several years ago, setting forth means of simplifying regulation of retirement plans. The Need to Simplify Federal Pension Law and Some Possible Means of Doing it (PDF). Also attached is a lengthy article I wrote in 2014, recommending changes to Georgia’s public retirement plans. The conclusion is pertinent to all government matters. GPPF Article on GA Pensions Feb 2014 (PDF)
Subject to state laws and the terms of employment agreements (when applicable), employers should be able to hire and fire at will and employees should be allowed to quit and unionize at will, both without legal repercussions.