The "Opinion" page of The Wall Street Journal has recently suggested that we need to "Stop The Shadow Regulators." I'll let you read the entire statement, below. Online, the picture above accompanies The Journal's statement. It suggests, to me, that the "shadow regulator" that The Journal is most worried about is the person currently serving as the President of the United States. Reading the actual text of the Opinion column, though, it appears that The Journal believes that the "Shadow Regulators" most to be decried are former presidents Barack Obama and Joe Biden.
Here's the text of that Opinion column from the September 25, 2026, edition of the paper (click the link to read it online):
How To Stop The Shadow Regulators
Legislating is out of fashion in Washington, but the current Congress does have opportunities left to do some good before riding off into the midterm sunset. A big win would be reining in out-of-control shadow regulations.
A bill in the Senate would require executive agencies to publish regulatory guidance to a single, searchable portal. The aim is to introduce more transparency to this practice as a prelude to reforming it. The measure, known as the GOOD Act, has passed the House and a Senate committee and awaits a floor vote.
Agencies already must publish draft regulations to the Federal Register. “Guidance” is different. The term refers to the letters, advisories, online FAQs, interpretations and other administrative flotsam and jetsam that agencies generate to explain how they will interpret laws and rules.
Guidance has become Washington’s preferred alternative to legislating or formal rule-making because it can be done with next to zero formal accountability. The letters and the rest are merely supposed to explain how agencies will use their discretion and aren’t meant to carry the force of law. But in practice few businesses or individuals are willing to challenge government guidance even when it exceeds statutory authority.
Some of the Obama Administration’s most controversial actions were implemented via guidance such as a “Dear Colleague” letter from the Department of Education or a memo from the Secretary of Homeland Security. Examples are its guidance on the DACA program for younger illegal immigrants and to colleges on sexual harassment enforcement.
The Biden Administration used regulatory guidance to intimidate states out of conducting audits of election procedures after 2020. This gimmick also became a mechanism for that Administration to introduce an “equity” requirement into new funding for electric-vehicle charging facilities and to change merger-review rules.
A worrying sign is that it’s impossible to say exactly how common this form of non-regulatory regulation has become. The first Trump Administration tried to create a central register of existing guidance alongside an executive order limiting agencies’ use of the tactic. That register counted some 70,000 examples.
The Biden Administration quickly ditched that reform in 2021. During the Biden years, guidance outstanding swelled to some 108,000 examples, according to Clyde Wayne Crews Jr. of the Competitive Enterprise Institute. These are likely undercounts given how hard it is to pin down exactly what counts as “guidance.” The huge spending bills of recent years are invitations to more regulation-by-guidance as agencies set rules for vaguely defined new government programs.
The Senate Guidance Out of Darkness Act [the GOOD Act] would take a first step to control this runaway regulation by creating a central portal where agencies would have to register regulatory guidance. That would tee up future deregulation because you can’t reform a mess like this until you measure it. That makes this a win for Republicans if they want one.
I personally agree that making it easier for ordinary people (the "regulated") to know what the government is doing and demanding is quite important, and while I haven't actually read the "GOOD Act," I like the idea outlined in the Opinion statement I have quoted above. While The Wall Street Journal is a "conservative" paper, and generally supports "Republican" ideas and programs, I don't think this issue of governmental secrecy is a "partisan" issue, whatsoever.
While I do think that governmental regulations should stand in the light, and not be veiled in "darkness," and thus like the idea of more regulatory transparency, I would like to advance an even more "radical" proposition. Here it is: We, the people, should be able to see, and evaluate, almost ANY information possessed by our government.
I don't want the so-called "nuclear codes" to be published for all to see, but I do think that we can't really have anything that deserves to be called "self-government" unless "we, the people," have access to the same information that our elected representatives (including the president) and our governmental employees are using to make their decisions.
And... just to address that "nuclear codes" issue, please do click on the link provided in the paragraph above, and notice that we are being told that, "The U.S. President has sole authority to authorize the use of U.S. nuclear weapons."
The person currently serving as the U.S. President has said, quite recently, in a speech to the United Nations, that he is considering "annihilating" the Republic of Iran. I assume that he contemplates using nuclear weapons to do that.
So, do we agree that it makes sense for our supposedly "self-governing" people to have decided to let one person make a decision that would, quite likely, lead to nuclear war, without sharing with all of us exactly what has led that person to make that call?
"We, the people" should be in charge. To the degree that we have, in the past, thought that it was appropriate to give power to one person (the person who happens currently to be serving as the President, whoever that is), the ability to bring down a nuclear attack upon the nation, and all of us, without ever sharing what information might make reasonable people think that this is, in fact, a good idea, we are abandoning the whole idea of "self-government."
I am not ready to do that. I hope nobody reading this blog posting thinks that "we, the people" shouldn't have the right to access the same information that our delegated representatives have, so that decisions about things like starting a nuclear war, or cutting off food stamp assistance, and any and every other decision taken in our name, is completely available to every one of us.
To my mind, the "Guidance Out Of Darkness Act" needs to be expanded, radically, and "we, the people," should have the ability to know everything that our elected representatives (including the president) know.
And just to be clear, I am not in agreement with any plan to "annihilate" the Republic of Iran, and I can't think of any information that could possibly convince me otherwise.
Image Credit:
https://www.wsj.com/opinion/federal-government-guidance-congress-bill-reform-4f67d6ac













