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Dorchester Center, MA 02124
Mark Twain famously remarked that life, liberty, and property face significant threats when legislators are in session. While his satire targeted lawmakers of the past, today, unelected bureaucrats likely earn his sharpest criticism. These regulators exert considerable influence over daily life in America, operating without the need for recesses. They work diligently, generating rules that seep into virtually every aspect of American existence.
Most citizens recognize the federal agencies, often characterized as the “alphabet soup” of Washington, as having expanded their reach beyond acceptable limits. However, this issue is just as pervasive—and arguably more perilous—in state capitals across the nation. In contemporary America, the reality is clear: the regulatory state has transitioned from a problem-solver to a significant source of problems.
In Ohio, a recent incident illustrates this troubling trend. A licensing board took action against a small engineering firm in Cincinnati. Their offense? Hiring a licensed engineer as an independent contractor instead of as a full-time employee. Remarkably, Ohio law explicitly requires a “full-time” engineer but makes no mention of employment status.
The board’s action was not supported by law; it stemmed from a subjective interpretation of rules. Fortunately, the Ohio Supreme Court comprises justices committed to judicial restraint. In December 2022, the court determined that it should not defer to regulators who operate outside the bounds of the law’s plain text.
This ruling represented a triumph not solely for one company but for the many entrepreneurs striving to succeed amid an inefficient bureaucratic landscape. Ohio boasts 222 boards and commissions, each empowered to create rules and impose red tape. Professionals in various sectors, from landscape architects to family therapists, endure restrictions that lack clarity and often seem arbitrary. Thanks to the court’s decision, businesses can now legally challenge unreasonable regulations.
The implications of this ruling extend beyond Ohio. The U.S. Supreme Court recently echoed this sentiment, hinting at a move away from Chevron deference. This long-standing legal principle has permitted federal agencies to interpret laws with considerable discretion, leading to potential abuse.
While some may question my focus on the administrative state—particularly in my journey from presidential candidate to Ohio gubernatorial hopeful—this concern carries great weight. Many Americans prioritize issues like the economy and employment. Nonetheless, the overgrowth of regulatory mechanisms has emerged as a principal obstacle hindering economic prosperity.
The regulatory machinery often acts independent of elected governors and presidents, effectively creating what many term the “fourth branch” of government— a construct unimagined by the Founders and lacking constitutional endorsement. Although our political system was designed to function with checks and balances, it frequently falls to the bureaucrats to enforce these principles, often without accountability.
Efforts by former President Donald Trump to rein in the federal bureaucracy ignited considerable controversy. The administrative state pushed back vigorously against these initiatives, and I anticipate similar resistance in Columbus if elected governor. However, I remain undeterred. We possess the tools necessary to restore accountability.
Several leading conservatives in Ohio have made tangible progress in reducing unnecessary regulations. One significant measure mandates a 30% reduction in regulations across all state agencies by mid-2025. Yet I believe a more aggressive approach is warranted. Like Trump’s initiative requiring a ten-for-one deregulation policy at the federal level, I plan to implement a similar strategy in Ohio. My administration will demand that for every new rule proposed, ten existing regulations must be repealed. With more than 35,000 pages in the Ohio Administrative Code, we can strategically eliminate outdated and hindering regulations.
The consequences of red tape extend beyond financial costs; they also amount to significant time losses. Bureaucratic delays can extend permitting processes for months due to inefficiency or bias, stifling economic activity. Therefore, I will introduce strict timelines for all permitting decisions, ensuring these timelines have real repercussions for departments that fail to adhere to them.
Further, I aim to empower Ohioans to challenge state bureaucracy effectively. Business owners should not feel compelled to travel to Columbus to contest agency overreach. Instead, they deserve the ability to advocate for their rights in their communities. Moreover, good-faith actors making simple errors should not face devastating penalties.
Many reforms are applicable not just at the state level but should also be considered federally. A prominent example is the REINS Act. This legislation mandates congressional approval for any significant federal regulations prior to their implementation. Ohio has the opportunity to align with neighbors like Indiana and Kentucky by enacting its own version of the REINS Act.
The regulatory state currently stands as one of the greatest threats to life, liberty, and property in America. However, we possess the knowledge to combat this challenge effectively. With principled leadership, we can initiate this transformation today.