Every legislative session rolls in with a wave of headlines shouting about some shiny new law that’s supposed to solve everything. But that’s surface-level. The real trouble comes after the cameras stop rolling. That’s when the regulatory monster goes to work. It hides in the details, growing quietly, unchecked, while everyone’s distracted.
Laws vs. Regulations: What’s the Difference?
Laws establish broad mandates, prohibitions, or rights. They authorize or limit actions and often delegates authority to agencies. Regulations are the next layer. State agencies write detailed procedures or standards needed to carry out the law. Agencies can only write regulations if a law authorizes them to do so.
Let’s say the law says, “Drivers must operate vehicles safely.” Regulations take it from there. Speed limits, inspection rules, and equipment standards are decisions made by the Department of Transportation and other agencies.
The law provides the outline, and the regulation completes it. Most of the time, the public does not see that second part coming.
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. Regulations are most common in healthcare, finance, and environmental policy, anything complicated enough that agencies claim they need detailed rules to make the law work.
Important: Laws and Regulations have the force of law.
Why Regulations Matter More Than You Think
Regulations influence nearly every part of our lives, often in ways that stray from the original purpose of the laws. They play a crucial role in areas like business operations and healthcare, ultimately defining the extent of our personal freedoms.
Check out all the existing regulations in South Carolina here.
How often do you see news about new regulations being adopted? Rarely. Yet, once enacted, regulations profoundly impact your daily life.
This is a significant oversight for conservatives who care about limited government and protecting individual freedoms.
The Process
So, how does a regulation come into existence 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 to apply the law.
Notice of Drafting is published in the State Register, inviting public comment during the drafting phase.
The proposed regulation is drafted and includes a fiscal impact statement, a statement of need, and a public comment period.
Public Comment Period—The public comment period is essential for involvement, requiring a hearing if requested by at least 25 individuals or an association. Unfortunately, many people remain unaware of these opportunities, limiting public engagement.
Legislative Review—The General Assembly has 120 days to review and act on the regulation.
Final Regulation—If approved or 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
Many new laws trigger waves of regulations, each one expanding government oversight.
This should alarm every conservative in South Carolina. If we believe in small government, we can’t afford to ignore how regulations give government room to grow quietly, with no real accountability. These rules pile on red tape and bureaucracy, pushing deeper into your personal and professional life. Alone, a single rule may seem minor, but together, they form a web that steadily tightens the state’s grip.
The Chevron Overturn—A Cautionary Tale
If you’re wondering how far regulations can spiral out of control, look no further than the Chevron doctrine. Back in 1984, the Supreme Court handed federal agencies a major advantage. The Chevron decision let them interpret vague laws however they wanted, and courts usually followed suit. That gave unelected officials massive leeway to write their own rules with barely any pushback.
Here’s the good news. The Supreme Court recently overturned Chevron. Courts no longer have to defer automatically to agency interpretations, so agencies can’t assume they’ll get away with writing whatever rules they want.
But don’t mistake this for the end of the story. Agencies are still going to try. The ruling doesn’t stop them from expanding their power. It just means we finally have a real shot at pushing back. That only happens if people challenge bad regulations when they appear.
What Can You Do About It?
Look beyond the headlines. While the law may capture attention, the real influence lies in the fine print that follows.
Hold your legislators accountable. They have 120 days to review these regulations, but most of the time, they don’t touch them. That silence has consequences. Make sure they know someone’s watching.
And speak up. When there’s a public comment window, use it. Please don’t wait for a hearing to be handed to you because it won’t be unless people ask. Your voice carries more weight than you think, but only if you use it before the rules are locked in.
If limited government matters, this is where the fight is. Regulations shape your life more than most laws ever will. It’s time to start noticing.
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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