When laws are clearly written and widely understood, interested parties can make important decisions with reasonable confidence that their actions are permissible and won’t be arbitrarily prevented by the government.
Threatening the Rule of Law
Congress has been threatening the rule of law by writing more complicated legislation, shifting the balance of power toward regulators at federal agencies who fill in gaps left by Congress.
Increased use of licenses act as natural road block to economic development and holds up many productive behaviors.
Waivers grant permission to do something different than what the rules require.
Revitalizing the Rule of Law
Congress can revitalize the rule of law if it returns to passing clear, bright line rules.