Silent Overreach: The Regulatory Monster No One Talks About

Silent Overreach: The Regulatory Monster No One Talks About

Published October 21, 2024

Every legislative session, we're bombarded with flashy headlines hyping up some new law that's supposedly the big fix. But here's the thing—those laws are just the tip of the iceberg. Sure, the law itself is a problem (unless it's a rare repeal), but the real trouble is what comes next: the regulations. That's where the regulatory monster creeps in. And guess what? These details are never trending on social media or making front-page news. Most people have no clue how these regulations expand quietly, sneaking in while everyone’s looking the other way.

Laws vs. Regulations: What’s the Difference?

Laws get passed by our South Carolina General Assembly—the people you elect and (hopefully) hold accountable. Laws set the broad principles or frameworks, while regulations fill in the specifics, outlining exactly how those laws will be applied and enforced. For instance, a law might say 'people should drive safely.' But the finer points—like speed limits, safety checks, and rules of the road—come from regulations, crafted by unelected bureaucrats in state agencies who determine how that law is enforced. For example, it's the Department of Transportation that decides the speed limits, vehicle requirements, and all the other details that actually affect you day to day, filling in the gaps that the law leaves behind.

Not all laws come with regulations. Some laws are self-executing, meaning they are clear and detailed enough to be implemented without additional rules. However, many laws provide a general framework and require regulations to detail how they will be applied. This is especially true for complex areas like environmental protection, financial regulation, and healthcare, where specific rules are necessary for effective enforcement.

Oh, and these regulations have the force of law, even though they weren’t directly approved by you or your elected representatives.

Why Regulations Matter More Than You Think

Regulations that have already passed affect nearly EVERY aspect of our lives, often in ways that diverge from the original law's intent. Whether you're running a business, paying taxes, dealing with healthcare, or just trying to build a fence on your property, regulations set the boundaries for all these activities. These rules reach deep into our daily routines, sometimes creating unintended consequences beyond what lawmakers ever imagined.

Check out all the existing regulations in South Carolina here.

How often do you hear about regulations that have already passed in the news? Probably almost never. Yet, these regulations, once enacted, have a profound impact on your daily life. This is a major oversight for conservatives who care about limited government and protecting individual freedoms.

The Process

So, how does a regulation come into being in South Carolina? Here’s how it works in plain terms:

Law is Passed—The General Assembly passes a law.

Agency Involvement—A state agency responsible for enforcing that law then starts writing regulations to spell out how the law will be applied.

Notice of Drafting is published in the State Register, inviting public comment during the drafting phase.

Proposed Regulation is developed, including a fiscal impact statement, statement of need, and a public comment period.

Public Comment Period—If at least 25 people, a government subdivision, or an association with at least 25 members request it, a public hearing must be held. But let’s be honest—how many of us even know when these comment periods are happening, let alone where to find the information? Here's another kicker—a public hearing isn’t automatic. This lack of automatic hearings is a significant barrier to public involvement—it only happens if someone knows enough to ask for it, which means many people are left out of the process entirely. Take, for example, a new environmental regulation on water safety—if no one knows to request a hearing, or if it's labeled as a 'minor technical change,' it can slide through without any public input.

Legislative Review—The General Assembly has 120 days to review and act on the regulation.

Final Regulation—If approved or if the review period expires without action, the regulation becomes effective upon publication in the State Register.

Final Approval—After revisions and internal approvals, the regulation becomes enforceable by law.

This process might seem simple, but the real problem is the lack of public awareness, which lets regulations quietly expand government control.

View the SC regulatory process flowchart here.

Growing Government Through Regulations

Here's the problem—many new laws pave the way for even more regulations, and each regulation means more government oversight. More bureaucrats get hired, more tax dollars are spent, and your personal freedom erodes with every new rule. Worse still, these regulations are written by unelected officials. You have no direct way to vote them out if they overstep their authority.

This should worry every conservative in South Carolina. If we believe in small government, we cannot ignore how regulations allow the government to grow silently, without any real accountability. Every regulation adds more red tape and bureaucracy, expanding government’s reach into your personal and professional life. Each new regulation might seem small, but together they form a web that slowly but surely expands government power over your life.

The Chevron Overturn—A Cautionary Tale

If you’re wondering just how far regulations can spiral out of control, look no further than the Chevron doctrine. Established by the Supreme Court in 1984, Chevron allowed courts to defer to federal agencies' interpretations of ambiguous laws, giving agencies enormous power to essentially write their own rules.

The good news is that the Supreme Court recently overturned Chevron, signaling a shift back toward limiting the power of agencies to create regulations without oversight. For conservatives, this is a win—an acknowledgment that unelected bureaucrats should not have unchecked authority to regulate every aspect of our lives.

The Chevron overturn doesn’t stop agencies from trying to expand their regulatory power. It just means courts are no longer required to defer to them automatically. If no one is paying attention or challenging these regulations, they’ll continue to spiral out of control. The overturn is just the start. The real work begins with citizens like you staying vigilant and holding agencies accountable.

The Dangers of Interpretation

Another important issue is how courts use regulations to interpret laws. If a regulation expands the scope of a law, courts may rely on that interpretation when deciding cases. This means that regulations can extend the reach of a law far beyond what was originally intended.

What Can We Do About It?

First, we need to start paying attention to the regulatory process. Don’t just focus on the flashy headlines about new laws—look deeper and ask questions about the regulations that will follow.

Second, we need to demand more accountability from our elected officials. The 120-day rule is a serious problem, and it’s up to us to hold lawmakers responsible for ensuring that regulations don’t slip through unnoticed.

Finally, get involved. Request and participate in those public comment periods—make your voice heard before a regulation turns into law. The overturn of Chevron is just the starting point; we still need to stay active and hold these agencies accountable if we want to safeguard our freedoms from creeping government overreach.

Laws and regulations are two sides of the same coin, but regulations often go ignored. We have a growing web of regulations that can pass automatically after 120 days without real oversight. The recent overturn of the Chevron doctrine was a step in the right direction, but it doesn’t solve the problem on its own. If we believe in limited government, we must stay vigilant. Regulations may not make headlines, but they’re quietly shaping every part of your life. It’s time to start paying attention.


Disclaimer: The views expressed in this article are those of the author and do not constitute legal or professional advice. ConservaTruth assumes no liability for any actions taken based on this content. Read more.


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