Federal agencies under White House oversight have issued the highest number of regulations per law passed in almost three decades, indicating a reliance on bureaucratic measures to advance the president’s agenda.
In 2023, for each law enacted by Congress and signed by President Joe Biden, agencies introduced 46 regulations, marking the highest ratio since 1995. This contrasts with the previous year’s ratio of 13 regulations per law.
According to Clyde Wayne Crews, an analyst at the Competitive Enterprise Institute, the surge in federal regulations impacting both Main Street and Wall Street is largely a consequence of political deadlock in Washington.
With Biden lacking a congressional supermajority, agency administrators play a significant role in governance. While Congress has the authority to override regulations, it seldom exercises this power.
Crews refers to this phenomenon as the “Unconstitutionality Index,” highlighting how agencies can expand federal authority without direct congressional involvement.
“The upshot here is that 46 agency rules were issued for every law passed by Congress in 2023, compared to 13 the year before,” analyst Crews said.
He emphasizes the significance of this index in portraying the broader context of regulatory dynamics, the magnitude of regulatory activity, the substantial role of agencies in lawmaking, and Congress’s limited inclination to assert its legislative responsibilities.
