Common Sense Evaluation

An exposé on the unchecked power of the administrative state.

Picture this: In 1900, the U.S. federal government had fewer employees than a modern Walmart Supercenter. Fast-forward to today, and over 2 million civilians work for federal agencies. But here’s the twist—while presidents and lawmakers come and go, these workers stay. They draft rules, enforce policies, and shape daily life in ways most people never see. How did we get here? Let’s rewind.

In the early 20th century, governments were lean. The average citizen might interact with a postal worker or a tax collector, but that was it. Then came crises—the Great Depression, world wars, the Cold War. Each emergency handed bureaucracies more responsibility. By the 1960s, agencies like the EPA and OSHA were created, armed with broad mandates to “protect the public.” Good intentions? Sure. But power grows in the shadows.

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The Rulebook That Ate Democracy

Every year, federal agencies publish thousands of new regulations. These rules fill tens of thousands of pages. Congress might pass a vague law like “make air cleaner,” but unelected staffers decide what that means. They define limits, create penalties, and even fund their own projects through fines. It’s like writing a blank check to a stranger and hoping they spend it wisely.

Take the case of a family-owned bakery in Texas. In 2018, they were fined $12,000 for violating a workplace safety rule requiring specific labels on flour sacks. The labels? They were in English, but regulators argued the workers spoke Spanish. Never mind that the bakery had zero safety incidents. Compliance came before common sense.

This isn’t an isolated story. Small farms, tech startups, and mom-and-pop shops drown in permits, inspections, and paperwork. Meanwhile, big corporations hire lobbyists to shape regulations in their favor. The little guy can’t compete.

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When Permits Replace Policymakers

Who’s really in charge? Consider the permitting process. Want to build a house? A road? A factory? You’ll need approvals from agencies that operate like medieval guilds—slow, expensive, and answerable to no one. Delays stretch for years, killing innovation. A tech CEO once told me, “It’s easier to launch a satellite than to get a zoning permit in California.”

And if you challenge these decisions? You’ll face a system rigged against you. Administrative courts often side with agencies, thanks to legal doctrines like “Chevron deference,” where judges defer to bureaucrats’ interpretations of laws. It’s a fancy way of saying, “The house always wins.”

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The Lifers Who Outlast Presidents

Politicians have term limits. Bureaucrats don’t. Agency heads and career staff often stay for decades, building networks and influence. They attend the same conferences, swap jobs between agencies, and develop loyalties to their institutions, not the public.

A former FDA advisor once joked, “New commissioners come in with big ideas. We smile, nod, and wait them out. They leave in four years. We’re still here.” This isn’t laziness—it’s institutional inertia. Bureaucracies resist change like antibodies attacking a virus.

The result? Policies outlive their usefulness. Medicare still uses 1970s-era software. The Nuclear Regulatory Commission struggles to approve next-gen reactors, clinging to Cold War-era fears. Meanwhile, private sector advancements—AI, green energy, telehealth—hit a wall of “wait for permission.”

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How to Take Back the Castle

This isn’t a doom-and-gloom story. Solutions exist, but they require courage.

1. Sunset Clauses: Every regulation should expire unless lawmakers renew it. No more zombie rules from 1985 dictating how you run your business.
2. Transparency Dashboards: Publish every regulation’s cost, purpose, and effect in plain English. No more hiding behind legalese.
3. Civil Service Rotation: Make bureaucrats switch agencies every five years. Break the echo chambers.
4. Rein in the Courts: End automatic deference to agencies. Let judges judge, not rubber-stamp.

Grassroots pressure works. In 2021, a coalition of farmers pushed Missouri to streamline agricultural permits, cutting wait times by 70%. Imagine scaling that nationwide.

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The Bottom Line

Power corrupts, but unnoticed power corrupts unnoticed. The administrative state didn’t set out to rule, yet here we are. The fix starts with asking simple questions: Who benefits from this rule? Who’s accountable? And why can’t we vote them out?

Stay curious. Ask harder questions. And remember—kings wear suits now, not crowns.