"When," humorist P.J. O’Rourke has asked, "can we quit passing laws and raising taxes? When can we say of our political system, ‘Stick a fork in it, it’s done’?... The mystery of government is not how Washington works but how to make it stop."
Alas for O’Rourke and those who sympathize with him, the project of contemporary liberalism is never done. You might look upon the vast expansion of the regulatory state over the past couple of decades and conclude that government could afford to take a breather—maybe even a three-day weekend. Wrong. To the liberal or progressive eye, the remarkable thing is not how much government does—but how much it has yet to do.
Take the recent tragic crash of a tour bus in the Bronx, which killed 15. Nobody knows yet what caused it. No matter. "Lax Rules for Discount Buses Cited After I-95 Crash," ran the New York Times headline over a story which began: "Discount tour buses transport millions of passengers a year"—sounds good so far, but here comes the but—"but the federal government has little control over who gets behind the wheel." Better pass some more rules, stat.
Warning about too little regulation is a house specialty at the Times, which over the past couple of years has run a "Toxic Waters" series about "the worsening pollution in American waters and regulators’ response"; a "Radiation Boom" series about advanced medical techniques ("As Technology Surges, Radiation Safeguards Lag"); and a "Drilling Down" series on natural-gas fracking ("Regulation Lax as Gas Wells’ Tainted Water Hits Rivers").
But it’s not just The Times. The default position for most major media outlets is that more regulation is good—and whenever a new problem arises, the obvious and necessary answer is a firmer government hand.
Or even when a new problem does not arise. A few days ago The Washington Post ran a lengthy story on car booster seats for children who weigh more than 65 pounds, which "are not held to any government safety requirements." Missing from the story: Any evidence that this has increased carnage on the roadways. To the contrary, the article quotes a car-seat specialist for the Safe Kids advocacy group, who confirms that "we’re not seeing large numbers of kids affected by shoddy products." Nevertheless, the article lamented the fact that "parents are confronted with a barrage of safety seat choices"—why can’t the government mandate just one?!—and "many parents say they find little information about seats beyond what they cull from private testing organizations, such as Consumer Reports magazine and the Insurance Institute for Highway Safety." Oh, is that all?
"Just when you thought it was safe to pull up to a table to eat," warned NPR’s Joanne Silberner not long ago, "infectious disease expert Michael Osterholm of the University of Minnesota says think again." Even though a new food safety measure recently has been signed into law, even though the number of people sickened from eating tainted food has actually declined, not all is well, because—ready for it?—Republicans in Congress have been "expressing great reluctance" about meeting the FDA’s $326 million request for new food safety activities, Silberner reported.
Note what her story did not say: that Congress had refused the request. Or that the new activities could not possibly be performed for less than the sum requested. Or, more pertinent, that the regulatory activities would actually produce commensurate gains in food safety. Or any gains at all, for that matter. Those gains were simply assumed.
But not all regulations are created equal. A 1980 ban on unvented space heaters cost around $100,000 per life saved (in 1995 dollars), according to an article in the Fall 2002 issue of Regulation magazine. By contrast, a 1991 rule governing the chemical 1,2-Dichloropropane in drinking water cost $1.9 billion per life saved.
Since money is finite, it makes sense to spend regulatory dollars where they will do the most good. The platitudinous statement that "if it saves one life, it’s worth it" is not only wrong, but tragically wrong if the resources used to save that one life could have saved 500 others. And sometimes, regulations actually have the opposite effect of that intended. There is even a term for the phenomenon—the Peltzman Effect, named after Sam Peltzman, a University of Chicago economist who found that seat-belt laws and other safety measures often encourage more reckless driving. (This has been demonstrated in, among other places, Drachten, Holland, where the frequency of accidents at a particular intersection declined after lights and traffic signals were removed.)
Considerations such as these seem to carry little weight with fans of the regulatory state such as The Washington Post’s Harold Meyerson—who noted, in the wake of the once-in-a-millennium tsunami that has devastated Japan, that "we haven’t defeated risk." Once we have—presumably after the Rapture comes—then maybe the expansion of the regulatory state can throttle down. Until then, this much is clear: If O’Rourke wants to stick a fork in anything, he better have a permit.