A tiny candle flickers in the chapel of a Catholic hospital in Oklahoma. Encased in glass, far from any medical equipment, it poses no conceivable threat. Yet, the federal government, citing safety concerns, threatens to withhold crucial Medicare, Medicaid, and CHIP funding. This absurd scenario highlights a pervasive issue in American governance: the unchecked growth of administrative rule.
Administrative rule, in essence, is a system where unelected bureaucrats enforce countless regulations, often created without public input. These rules dictate nearly every facet of citizens' lives, from the seemingly trivial to the profoundly impactful. The chapel candle is but one example. Federal regulators have waged a 16-year battle to prevent construction on a dry plot of land, claiming it contains "navigable waters" due to its tenuous connection to a distant river. Children operating lemonade stands have faced fines for lacking proper licenses. These seemingly minor incidents reveal a larger pattern of overreach.

This system has emerged from a gradual shift in responsibility. Overburdened by the complexities of governance, elected officials have increasingly delegated their authority to administrative agencies. The exact number of these agencies, and the sheer volume of rules they enforce, remains unknown. Hundreds of thousands of pages of regulations exist, with thousands more added annually. No single individual, no matter how legally astute, can fully grasp the vast and ever-expanding body of administrative law.

This opacity creates a dangerous environment. Citizens are expected to comply with laws they cannot possibly know, leaving them vulnerable to unforeseen penalties. The consequences can range from financial sanctions, like the loss of federal funding, to the loss of livelihood or even freedom. Even the most diligent individual could unknowingly violate an obscure regulation, facing severe repercussions.

The problem is further compounded by the potential for bias. While some bureaucrats may be well-intentioned, the vast discretion afforded by administrative rule creates opportunities for abuse. Regulators can selectively enforce rules, targeting individuals or groups they disfavor. In the case of the hospital chapel candle, the motive could be a simple love of rules, or perhaps a deeper prejudice against religious institutions. With such a vast arsenal of regulations at their disposal, bureaucrats can easily find justifications for their actions.


The proliferation of administrative rules undermines the very principles of self-governance and the rule of law. It replaces a system of clear, universally applicable laws with a system of arbitrary decrees enforced at the whim of unelected officials. Thousands of seemingly minor regulations become thousands of opportunities for petty tyranny. To restore the balance of power and uphold the rule of law, America must address the unchecked expansion of administrative rule.
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