47: Regulating The Regulators

Bill Shipley: THIS, dear readers, is how you begin to lift the nail-studded boot of the “Administrative State” off the necks of the citizenry

On May 9, 2025, President Trump took a huge step in addressing what he called the “over-criminalization” of federal regulations. He signed an Executive Order requiring — within the next 365 days — every agency or department of the Executive Branch must provide to the Office of Management and Budget a Report that lists of all criminal regulatory offenses that are enforceable by the agency/department; the range of penalties that may be applied to violations; and whether the regulation creates “strict liability” or does it require “actual knowledge” by the violator. This Report must be posted on the agency/ department webpage, and it must be updated annually to ensure its accuracy. The prosecution of any person under any regulation not published in the Report shall be disfavored. The head of each agency/department must consider whether a regulation is included in the Report before making a criminal referral to DOJ for prosecution based on a violation of a regulation.

In addition, future rule-making by agencies or departments should strive to draft regulations requiring actual knowledge by the alleged violator of the regulated conduct. Any new regulation providing for “strict liability” without actual knowledge must be submitted to OMB for special approval before it can go into effect.

11 Replies to “47: Regulating The Regulators”

  1. Could be Canada’s National Motto:
    …”regulatory enforcement… by petty bureaucrats”

    Too many of these sad sacks think they’re Sherlock Holmes; rather than processing a simple inquiry they suspect we’re all $14 dollar fraudsters caught in the act. Pathetic people ‘hired for cause’.

  2. Overcriminalization is a serious problem. There are so many laws, and they are so broad and vaguely worded, that no citizen is secure from prosecution. If they want to go after you, they can.

  3. whether the regulation creates “strict liability” or does it require “actual knowledge” by the violator.</blockquote?

    This is an excellent point. Once upon a time, to be guilty you had to have criminal intent, meaning you had to understand the nature of your act. If you take someone's gloves thinking they're your gloves, that's an accident, not a crime.

    Increasingly now, politicians have written criminal intent out of the legislation. If something happens, you're responsible for it, and your knowledge and mental state is irrelevant.

    1. Here is where I bang-on about the ADA (Americans with Disabilities Act). “Violators” of the Act are subject to a MINIMUM $50,000.00 fine on a first offense. So if a “wheelchair” activist visits your convenience store and measures the height of your threshold, and distance between aisles and finds them lacking … you’ll be looking at a $100k fine … all paid to the “wheelchair activists Lawyer.

      Violation = Fine. Period. There is no “due process” to determine criminal intent. Nope. The measurements were WRONG … so YOU LOSE.

      Now, who can be “against handicapable people”? Only the hard-hearted … right? Well … the ADA (pushed hard by Ted Kennedy and Bush) was really, really pushed hard by the Trial Lawyers Association … because it was set up to be a cash cow for the unscrupulous ambulance-chasing bottom-feeding tier of the legal profession. The ACT created intentional confusion between State and Federal Barrier-Free regulations… and set up ridiculous AUTOMATIC fines to punish “offenders”.

      The original intent of making buildings accessible is completely good and acceptable… but using the act to use violators like an ATM for the legal profession is just WRONG.

      Goooooooooo Trump!!! This is LONG overdue.

  4. Classic Kleptocracy.
    Lies dominate and bureaucrats rule.

    Trump is amazing,a man actually attempting to turn back the Parasitic Overload.

    And the “criminal ” convictions for crimes you did not know existed,is what the State of Thuggery loves.
    On these made up Rules and Regulations the “Micro Men” thrive.
    Power.
    Power over everyone who would dare to produce ,create or procreate.
    The soulless scolds of the Nanny State,here to “Help” us all.

    There is no “Equality before the law” when secret law is used.
    This is why Can Ahh Duh is broken beyond repair.
    Trump’s USA,”Don’t be Canada”?

    For the kind of people who will reward theft and deceit,embrace State Thuggery and crush free enterprise with Rule by Regulation…These are people with whom there is no “Co-existence”.

    They Take.
    They have always taken.
    And they will always seek to steal.
    Better to rule in Hell,than share power in Paradise.

    This is their default mode.

    Western Canada has not tolerated such evil for decades.(Federally)
    Eastern Canada proudly embraces it.

    Government talks of “Reestablishing voter trust” as they lie even more.
    Public dishonesty is deliberate, active destruction of civil society.

    We had solutions for such.
    Tar&Feather being the beginning.
    Banishment works.

    1. Get back to me after you’ve read thru ALL the literally hundreds of thousands of Laws, Rules, Regulations, and Statutes … interpreted them correctly … to “the letter of the Law” … and then get back to me about “ignorance of the law”

      Meanwhile … we’re letting violent criminals off Scot-free … cause they’re “brown” or something …

      1. Don’t forget, not only do you have to read the laws, rules and regulations, you also have to read every court case that is involved these laws, rules and regulations, which often requires a subscription to Lexis-Nexis.

      2. Many “laws” now are in the form of regulations set by various government departments. You have to go to those departments to find out what the law is, and those regs are ever changing without requiring legislation to do so.

  5. In the US if you want to keep track of rules and regulations applicable to you, referencing the Federal Register is available.

    Of course, in 2016 (nine years ago) the Federal Register was over 90,000 pages long. It hasn’t gotten any shorter since then.

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