Blog

We thank Shelley Welton for her generous comments about our book and for the two issues she raises about our argument that American history is a story of how the mix of government and markets has been based on respect for equality, liberty, fairness, and the common good. We appreciate the opportunity to engage in a dialogue on those issues.

Government has always been an essential part of American history, and this remains true today. Yet, as President Trump prepares, once again, to do his best to dismantle the administrative state, American history reveals why these efforts will ultimately fail. To appreciate that history, and what it means as the country moves into the Trump administration, we summarize key findings of our book.

The U.S. government is attempting to dismantle itself. President Donald Trump has directed the executive branch to “significantly reduce the size of government.” That includes deep cuts in federal funding of scientific and medical research and freezing federal grants and loans for businesses. He has ordered the reversal or removal of regulations on medical insurance companies and other businesses and sought to fire thousands of federal employees. Those are just a few of dozens of executive orders that seek to deconstruct the government. More than 70 lawsuits have challenged those orders as illegal or unconstitutional. In the meantime, the resulting chaos is preventing the government from carrying out its everyday functions.

According to conventional expectations, the idea of incorporating stories in rulemaking will seem radical, but it is conventional expectations that have led to the country’s failure to effectively promote environmental justice. International norms highlight this failure. There cannot be a “right to participate” if the best method of participating — storytelling — is devalued or ignored. Now is the time — past time, really — to build the procedures we need to listen to the environmental justice stories no one hears.

There are ways to meet North Carolina's carbon reduction goals and protect ratepayers from catastrophic increases in the cost of electricity, but the regulatory system is set up in a way that makes it more difficult to get to this result.

The American public has lost faith in expertise. The reason why, as author and national security expert Tom Nichols points out in his 2017 book The Death of Expertise, includes the transformation of the news industry into a 24-hour entertainment machine, the number of “low-information voters,” political leaders who traffic in “alternative facts,” and, as Nichols puts it, a “Google-fueled, Wikipedia-based, blog-sodden collapse of any division between professionals and lay people, students and teachers, knowers and wonderers — in other words between those of any achievement in an area and those with none at all.” Bill Araiza offers another important insight in his book, Rebuilding Expertise: Increasing legal and political efforts to oversee agencies have resulted in the deterioration of civil service expertise and, with it, of public faith in government. On the front end, these efforts send a message that expertise can’t be trusted. On the back end, when the government stumbles in carrying out its functions, the message is that experts are not so expert after all. What is missed, as Liz Fisher and I contend in our book, Administrative Competence, is that law and politics can hold agencies accountable and still facilitate their capacity to do their job. Araiza’s last chapter ably discusses how this can be done.

This op-ed was originally published in the Winston-Salem (North Carolina) Journal and the Greensboro (North Carolina) News & Record. The Winston-Salem Journal recently reported that Walmart had joined environmental and climate advocates in opposition to Duke Energy’s proposed carbon reduction plan, which is now under review by the N.C. Energy Commission. In the clash of […]

We asked several of our Member Scholars how the midterm election outcomes will affect policy going forward in our three priority policy areas. Today’s post covers the implications for regulations.

As Cole Porter crooned in 1948, “It’s too darn hot.”  California and other parts of the American West are heading into another week of excessive heat that not only threatens public health and safety but also power shortages, which would cut millions off from the energy they need to fuel their lives. Workers, particularly those […]