How Regulations Are Made


Last month’s Missouri Conservationist included an article that perfectly illustrates what has gone wrong with government. Please don’t misunderstand. I believe in conservation, but I am against unelected officials making laws. Here’s how regulations are made at the Missouri Conservation Department according to their own publication.

  1. Proposed regulations are brought to the Regulations Committee.
  2. The Regulations Committee researches the cost to implement. (It’s unclear how those costs influence their decision.)
  3. If the regulation improves the enjoyment of natural resource, the proposed regulation is sent to the Conservation Dept Director.
  4. If the director approves, the regulation is sent to a four-person Conservation Commission.
  5. The proposed regulation is posted in the Missouri Register on the Secretary of State web site. If no comments are received, it becomes law after 30 days automatically. If comments are received, the Conservation Commission reviews the comments and makes final decision.

Notice that no elected officials participate in making these laws. There is no requirement to justify the cost to taxpayers. The proposed regulations are posted in a place that the average citizen rarely visits. Although citizens can raise objections, unelected officials decide the final outcome.

Every executive branch, state and federal, operates this way, and all of their decisions have the effect of law. Every level of government ought to be prohibited from operating in this manner. Executive departments, whether it’s Conservation or the EPA or the IRS, should follow the same procedures to create law that ordinary citizens follow. Submit a proposal to your legislator to be presented to Congress and voted into law by elected officials who are constitutionally authorized to create laws.

Such a requirement gives citizens leverage and allows them to reverse bad laws through their elected officials. Executive law-making lacks the accountability that separation of powers was designed to foster.

That’s why I am an advocate of the Convention of States intiative recently passed through the Missouri Legislature. This process will allow us to propose a few simple but binding constitutional ammendments to prevent the overreach of the executive branch of government. Visit our Facebook page “COST” and get involved in shaping America’s future.