Regulatory Burden By Presidential Administration

During president Trump’s first term in office, he made a bunch of waves (as he’s wont to do). His more educated supporters said that he engaged in substantial deregulation of telecommunications, which got a lot of press. There was a quiet contingent of educated voters who were relatively silently supportive on Trump’s regulatory policy, even if his character was indefensible or his other policy was less desirable.

But was Trump a great deregulator? Or was it one of those cases when we say that he regulated *less* than his fellow executives? The George Washington University Regulatory Studies Center can help shed some light with their data. Specifically, they have calculated the number of ‘economically significant’ regulations passed during each month of each president going back through Ronald Reagan’s term. What counts as ‘economically significant’? The definition has changed over time. But, generally, ‘economically significant’ regulations:

  1. “Have an annual [adverse] effect on the economy of $100 million or more
  2. Or, adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.”

The only exception to this is between April 6, 2023 and January 20, 2025 when the threshold was raised to $200 million.

The Data

The graph below-left shows the number of economically significant regulations for each president since the start of his term, through July of 2025. It’s reproduced from the link above except that I appended Trump’s second term onto his first term. What does the graph tell us? There doesn’t seem to be much of a difference between republicans and democrats. Rather, it seems that, generally, the number of economically significant regulations increases over time. Importantly, the below lines are cumulative by president. So each year’s regulations each cost $100m annually and that’s on top of the existing ones already in place. So, regulatory costs generally rise, with the caveat that we don’t see the relief provided by small or rescinded regulations (for that matter, we don’t see small regulatory burdens here either). Something else that the below graph tells us is that presidents tend to accelerate their economically significant regulations prior to leaving office. Reagan was the only exception to this pattern and he *slowed* the number of regulations as the end of his term approached.

Below-right is the same data, but the x-axis is months until leaving office. Every president since Bush-41 has accelerated their burdensome regulations during their final months in office. The timing of the acceleration corresponds to how close the preceding election was and whether the incumbent president lost. Whereas all presidents regulate more in their last 2-3 months in office, the presidents who were less likely to win re-election started regulating more starting around eight months prior to leaving office. Of course, they wouldn’t say that they expected to lose, but they sure regulated like there was no tomorrow.

What about Trump? Trump’s fewer regulations is caused by his single term. He definitely still added to the regulatory burden (among economically significant regulations, anyway). While Trump started with the fewest additional regulations since Reagan, and Biden started with the most ever initial regulations, together they earn the top prizes for most regulations added in their first term.

What if we append these regulations from end-to-end? That’s what the below chart does. We do have to be careful because the series is a measure of gross economically significant regulations and not net economically significant regulations. So, it’s possible that some rescissions dampened the below values, but this is the data that I have for the moment. While each presidential administrations increases regulation more than the prior, the good news is that the rate of change is not exponential. The line of best fit is quadratic. We’re experiencing growing regulations, but at least it’s not compound growth.

The Cost

We can estimate the costs of these economically significant regulations. It’s a rough cut, and definitely a lower bound since rescission is rare and $100 million is itself a lower bound, but we can multiply the number of regulations by $100m to get minimum annual cost. Like I said, the Biden criterion from April 2023 through January 20, 2025 changed, so those regulations get counted as $200 million instead. The change in definition means that the regulation counts underestimate the late-term Biden regulations relative to the other presidencies.

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If You Get Too Cold, I’ll Tax the Heat

Public utilities are funny things. The industry is highly capital intensive and many argue that it makes for natural monopolies. At the same time, access to electricity and water (and internet) are assumed as given in any modern building. Further, utility providers are highly, highly regulated at both the state and federal levels of government. Many utilities must ask permission prior to changing anything about their prices, capital, or even which services they offer.

Don’t get me wrong. Utility companies have a sweet deal. They are protected from competition, face relatively inelastic demand for their goods, and they have a very dependable rate of return. I just can’t help feeling like state governments are keeping hostage a large firm with immobile fixed business capital. For that matter, given what we know about the political desire for opaque taxation, I also have a suspicion that many states might tax their populations by using the utility companies as an ingenious foil. “Those utility companies are greedy, don’t you know. It’s a good thing that they are so highly regulated by the state.”  

There are two types of utility taxation. 1) Gross receipts taxes are like an income tax. From the end-user’s perspective, the tax increases with each unit consumed. 2) A utility license tax is like a fee that the utility must pay in order to operate in the state. From the user’s perspective, well… This tax may not even appear on the monthly bill. But if it does, then the tax per household falls with each additional household that the utility serves. Either way, state governments can get their share of the economic profits that protection affords. Below is map which shows the 2021 cumulative utility tax per resident in each state.

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New Data: State Regulatory Procedures

Released this April, but I just heard about it today. Researchers did the painstaking work of going through all 50 states to determine which steps must be taken in each state before new regulations can take effect. For instance, it turns out half of states require economic analysis for new regulations, and half don’t. The paper is here: https://www.mercatus.org/publications/regulation/50-state-review-regulatory-procedures

Population Predicts Regulation

Texas is one of the most regulated states in the country.

This is one of the surprises that emerged from the State RegData project, which quantifies the number of regulatory restrictions in force in each state. It turns out that a state’s population size, rather than political ideology or any thing else, is the best predictor of its regulations.

This is what I found, with my coauthors James Broughel and Patrick McLaughlin, when we set out to test whether a previous paper (Mulligan and Shliefer 2005) that showed a regulation-population link held up when we used the better data that is now available. We found that across states, a doubling of population size is associated with a 22 to 33 percent increase in regulation.

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Bad Jobs Exist

I’m James Bailey, an economist at Providence College who studies how government policies affect health care and the labor market. Thanks to Joy for the chance to join the blog for a few months!

For my first post, I have to share the brand new book I wrote a chapter of, “Regulation and Economic Opportunity: Blueprints for Reform“. Normally academic volumes like this are sold for hundreds of dollars, so only a few people with access to academic libraries end up reading them. But the publisher of this volume, the Center for Growth and Opportunity, released it as a free Ebook– so I hope you’ll check it out. It covers everything from housing and health care to energy and education to beer and cigarettes.

I wrote chapter 5, on how various regulations affect wages and employment. Here’s an excerpt:

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