“A”

This incident, a very minor one, occurred within the vast universe that is government regulation, an issue that’s front and center in our political debates over the last few years.  Of late the campaign against regulation has grown ever more polemical, with demands for deregulation coming primarily from Republicans who’ve woven together several strands of their thinking to make their case.  It is, they insist, an ominous sign of big intrusive government placing power in unelected officials who are likely to abuse it.  Government regulations are burdensome, often frivolous; to comply requires considerable time and expense.  Regulation hobbles the economy, discourages investment and forces companies to consider relocating overseas where far fewer restrictions exist.  Finally, government regulations are, moreover, inconsistent with our system of free enterprise that underpins our prosperity and our freedom.

Those defending regulators are quick to respond.  The public, they insist, must be protected, since threats to health, safety and well-being are everywhere.  Because private companies seek always to reduce their costs and to maximize profits they cannot be depended upon to acknowledge or control the dangers posed by their activities.  The record speaks for itself.  Time and again they have behaved carelessly, often recklessly, and without effective oversight, have little incentive to do otherwise.  There are, they will concede, issues with regulatory enforcement including poorly drawn and rigid provisions, together with burdensome paperwork and the costs of compliance.  But the principal problems are far weightier.  All too often, regulations are either written by or effectively watered down by corporate lobbyists who have ready access to the rule makers in Washington.  Furthermore, the budgets of regulatory agencies are deliberately squeezed by Congress so that the staff available to provide oversight is insufficient.  Regulators, moreover, are routinely “captured” or corrupted by those they’re expected to oversee.  Indeed, many move from the government agencies they once served into the employ of those they formerly regulated.  Were they, in part, being rewarded for past collaboration?

So, where are we?  People will always resent and resist regulation.  Who welcomes being told what to do and how to do it?  Even the Ten Commandments, though often celebrated, are regularly violated.  People on the ground, we’re told, know best, not outsiders looking to enhance their reputations by finding fault and applying cookie-cutter regulations.  But then dangers lurk everywhere and oversight is  necessary in order to rein in negligence, dangerous shortcuts and a disregard for the public good.

Regulation is a protracted duel, an endless tug of war.  Each side will repeatedly accuse the other of bad faith and questionable intentions.  But society requires entrepreneurial innovation coupled with both sensible restraints and public protections.  I want to eat in a restaurant graded “A”, but cans on the floor I can live with – at least until lunch time has passed.