Comment by rhaksw

> In the tussle between regulators and companies, companies are disadvantaged.

When society once again properly separates governmental powers, it will restore balance, and then companies will no longer need to fear "regulators."

In the US, businesses are supposed to be regulated by Congress. That way, if Congress does something foolish, we can vote them out.

But in the last 100 years or so, "administrative law"– that is, binding regulations created by the Executive branch– has become a huge part of law-making [1]. Widespread use of Administrative Law allows Congress to wash its hands of any real decision making.

It isn't supposed to be this way, and I think we will find our way out of it.

Your statement that companies are disadvantaged only rings true because Executive-branch regulators are not held to account. Lower-level staff generally do not rotate from administration to administration, and so they make tons of binding rules without oversight. Fortunately, SCOTUS recently overturned some of this [2].

The fundamental problem is that the separation of powers, which is where America's strength comes from, has been upended. Power has been collected, by parties on all sides, within the Executive branch. It's supposed to be, Congress writes law, Judiciary interprets law, and the Executive enforces law. The Administrative State, however, combines all three powers into one under the Executive. It gives itself executive agencies that can bind citizens, and its own courts (ALJs) to determine their fate. See [1] for a comprehensive review.

[1] https://press.uchicago.edu/ucp/books/book/chicago/I/bo174366...

[2] https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf