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Mark Twain once quipped, “No man’s life, liberty, or property is safe while the legislature is in session.” In the 1800s, his wit was aimed at lawmakers — but if he were alive today, he’d likely reserve his sharpest criticism for unelected bureaucrats, who often wield more power than those we elect. Unlike legislators, these regulators don’t take recesses. They’re “in session” 40 hours a week, every week, quietly issuing rules that extend into nearly every corner of American life.
Most Americans are aware that federal agencies — the infamous “alphabet soup” in Washington — have overstepped. But the problem is just as pervasive, and perhaps more dangerous, in all 50 state capitals. The truth is simple: in today’s America, the regulatory state isn’t solving problems — it is the problem.
Take my home state of Ohio, where one state licensing board recently went after a small Cincinnati engineering firm. Its offense? Hiring a licensed engineer as an independent contractor instead of a full-time employee — even though Ohio law only requires a “full-time” engineer, with no mention of employment status.
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The board’s decision wasn’t grounded in law — it was based on their own interpretation of the rules. Thankfully, the Ohio Supreme Court consists of justices who practice judicial restraint, and in December 2022, the Ohio Supreme Court ruled that courts should not defer to regulators who go beyond the plain text of the law.
This wasn’t just a win for one business. It was a victory for every entrepreneur trying to navigate a system stacked against them. Consider this: Ohio has 222 boards and commissions, each with the power to issue rules and red tape. From landscape architects to family therapists, every profession is burdened by regulations that are often arbitrary — and now, thanks to that ruling, legally challengeable.
The Ohio Supreme Court’s decision marked a turning point, and the U.S. Supreme Court recently took a similar stance, signaling the beginning of the end for Chevron deference — a decades-old doctrine that gave federal agencies far too much leeway to interpret laws as they saw fit.
Some ask why I’ve focused my policy efforts — formerly as a presidential candidate and now as a candidate for governor of Ohio — on the administrative state. It’s an esoteric concern to most Americans, as compared to their more pressing concerns about the economy, jobs and wages. But the truth is that the overgrowth of the regulatory state is actually the biggest impediment to the economy itself.
Even worse, the regulatory machine often operates independently of the governor or the president. It has become an unelected “fourth branch” of government — one the Founders never envisioned, and the Constitution never authorized. In theory, our system is built on checks and balances. In practice, it’s often the bureaucracy doing the checking — without being held accountable themselves.
President Donald Trump’s efforts to rein in the federal bureaucracy have stirred a hornet’s nest, and, as expected, the administrative state is fighting back. I expect similar pushback in Columbus if I’m elected governor. But that won’t stop me because we have the tools to restore accountability.
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Ohio’s conservative leaders have made great strides in cutting burdensome regulations, including a mandate for every state agency to reduce regulations by 30% by mid-2025, but I know we can do more. Like Trump’s 10-for-1 deregulation policy, I will require Ohio agencies to repeal 10 rules for every one they propose. With more than 35,000 pages in the Ohio Administrative Code, we will eliminate outdated and burdensome rules that stifle growth.
Red tape doesn’t just cost money — it costs time. Bureaucrats can stall permits for months, either through negligence or bias, choking off economic activity. That’s why I will implement strict timelines for permitting decisions, backed by real consequences: departments that fail to comply will see their funding reduced.
I’ll also make it easier for Ohioans to stand up to state bureaucracy. Businesses should be able to challenge agency overreach in their home county, not be forced to drive to Columbus. And no one should be punished for acting in good faith — a simple mistake should not lead to financial ruin.
Even worse, the regulatory machine often operates independently of the governor or the president. It has become an unelected “fourth branch” of government — one the Founders never envisioned, and the Constitution never authorized.
Many of these ideas should be adopted at the federal level, too. One standout example is the REINS Act, which would require Congress to approve any major new federal regulation before it takes effect. Ohio should follow the lead of neighbors like Indiana and Kentucky and pass a state-level version of the REINS Act.
The regulatory state has become the greatest threat to life, liberty and property in modern America. But the good news is — we know what to do. And with the right leadership, we can start doing it now.
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