The best deregulation lacks popular appeal. Deregulation of immigration is unpopular. Deregulation of housing is unpopular. Deregulation of labor markets is unpopular.
But when the stars align, specific forms of deregulation become potentially popular. All you need is close the deal is some brash populists to enthusiastically tell the masses what they’re ready to enthusiastically hear.
Despite the rising fashion of “national conservatism” among the right, I suspect that the stars for American deregulation are indeed aligning as we speak. A politician today could loudly promise lots of deregulation – and win. Furthermore, he could fulfill his promises – and win again. Topping the list of potentially popular deregulation:
1. An immediate end to all Covid rules. No more mask mandates – not in schools, not in airports, not on planes. No more distancing. No more Covid tests. No more travel restrictions on anyone. (The “anyone” phrasing is how you free foreigners, as well as natives, without calling attention to the fact).
2. An immediate end to all government Covid propaganda. No more looping audio warnings at airports. No more signs or stickers. Indeed, a national campaign to tear down all the propaganda that’s been uglifying the country for almost two years.
3. A radical and immediate reduction in airport security theater. End the rules that require the removal of shoes, jackets, and belts. End the rules that require you to remove electronic devices from your bags for extra screening. End the rules against travelling with liquids. Switch back to old-fashioned metal detectors instead of body scanners.
4. An immediate end to all airline security theater. End federal rules for use of “large electronics” during takeoff and landing. End federal rules for tray tables and seat inclines. Stop turning flight attendants into sky deputies. Just say, “Let the airlines decide. Competition works.”
5. End all traffic cameras. All of them.
6. End all remaining laws against marijuana and psychedelic mushrooms.
7. End FDA regulation of smoking and vaping for legal adults – and pass new laws banning such power grabs in the future.
8. Full school choice, nation-wide: “Fund students, not systems.”
9. Kill REAL ID. Forever.
10. End mandatory vehicle safety and emissions inspections: “An annual pain in the neck and a complete waste of time.”
11. Create an ironclad free speech limitation on discrimination law, which explicitly includes both (a) political speech, and (b) jokes. Along the lines of, “Expression of political opinions or jokes by co-workers, managers, or owners are Constitutionally protected free speech and can never be treated as evidence of discrimination or a hostile workplace environment.”
12. Undermine Human Resource Departments by amending existing employment law to read, “Human Resource employee training or lack thereof can never be treated as evidence in employment lawsuits.” This removes the incentive to constantly ratchet up employee brainwashing to show that your firm takes the law seriously.
Note: I’m not saying that the public is currently clamoring for any of these forms of deregulation. My claim, rather, is that the public is now predisposed to listen favorably. If you describe existing laws as a mix of “full-blown tyranny” and “petty tyranny,” the masses won’t think you’re crazy. And if you combine great political poetry with great rhetorical delivery, they might even hand you the power to set them free.
Why, you may ask, does my list have so many superlatives, so many simplistic slogans? Because the heart of populism is sacrificing nuance to gain devotion. Ending all Covid rules is much more inspiring than ending most Covid rules. The superlatives also provide atypical transparency. If you promise to kill REAL ID forever, the veracity of your promise is easy to verify.
In the past, claims about “libertarian moments” have always struck me as naive. And the best description of American policy today is that we’re having a long anti-libertarian moment. At the same time, however, popular resentment of these oppressive policies is unusually high. As a result, the American right has a rare opportunity to gain power by feeding that resentment. It would be ironic indeed if it ran away from deregulation at the very time the public happens to be atypically receptive to it.
Ironic, but hardly surprising.
READER COMMENTS
zeke5123
Dec 1 2021 at 5:30pm
I support all of these. Let’s do it!
BillD
Dec 1 2021 at 9:14pm
Agree with all but #5.
Yes, get rid of red light cameras. They don’t do much to improve safety.
But we should be adding speed cameras. Excess speed is the cause of so much injury and death to not only car occupants but also pedestrians and bicyclists. Another benefit of automated speed ticketing is reduced potential for negative interactions with police officers.
Along with speed cameras we should be adding flexible speed limits. Electronic signs are cheap. In urban/congested areas especially it doesn’t make sense to have the same limits at rush hour as at 10 pm.
robc
Dec 2 2021 at 11:59am
Excess speed is caused by bad road design.
While there are always danger idiots out there, the big cause of speeding is roads that aren’t fit for the speed limit. Too many roads are designed for interstate speeds when there is no intention of people driving interstate speeds on them.
The funny thing is, if the road width matches the speed limit, it is much cheaper to build and maintain.
Kevin Dick
Dec 1 2021 at 10:37pm
I would vote for any politician with this platform.
William Ehlhardt
Dec 2 2021 at 5:42am
Does your “no more COVID rules” proposal include “no vaccination mandates”?
Mark D Lawry
Dec 2 2021 at 7:31am
As a supply side guy myself I often try to explain you can’t say you’re for deregulation and then be for secure borders. Secure borders, visas, passport requirements, travel interviews, etc. are obviously the most destructive and burdensome of all soviet thinking regulations there are. I’ve been told that government regulations only apply to internal regulations. Governments regulating cross border movement isn’t an example of government regulation. What? Seriously?
John hare
Dec 2 2021 at 8:46am
Looking at a job for a pilot yesterday. He said passengers are getting harder to deal with over the mask requirements.
Steve
Dec 2 2021 at 10:20am
Isn’t #11 a new regulation? If a company wishes to terminate an employee who violates its code of conduct, the company should every right to do so, including based on political speech or jokes made by the employee.
Mark Z
Dec 2 2021 at 10:39am
#11, as I understand it, only prevents companies from being sued because of the political speech (or jokes) of an employee, it doesn’t prevent them from firing the employee. It would basically just chip away a bit at workplace regulations. The underlying assumption being that when this happens, it often happens because the company is afraid of being sued by another employee who thinks the employee-to-be-fired created a hostile work environment,
David D Boaz
Dec 2 2021 at 5:00pm
I am reminded that you proudly live in a libertarian bubble. I wish you were right about most of these policies being very popular, but polls suggest otherwise. You’re talking to a lot of pissed-off libertarians.
Biff Ditt
Dec 2 2021 at 5:09pm
Is this true? Anyone have any data?
Eric Hammer
Dec 6 2021 at 9:47am
I don’t have the numbers to hand, but there have been studies comparing e.g. Minnesota with no requirement to other states that do require safety inspections, and found no appreciable difference.
Grant Gould
Dec 3 2021 at 8:41am
Not sure how you get to “no more COVID tests” as deregulatory. Are you going to come to my house to shred my tests or contract it out? Likewise “no more distancing” — I live in New England; if we were prevented from keeping a polite distance we’d probably all go very politely postal.
Everywhere else you limited yourself to being against mandates. You should do so on testing and distancing as well.
Niko Davor
Dec 3 2021 at 11:49am
Deregulation of higher ed? If Lori Loughlin wants to spend $500k of honest money to send her daughters to USC, a school that runs on public funding, the schools should have less authority to regulate who can live and study there and be a welcome student and who can’t.
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