Last month's proposed rules on school accountability are yet another reminder that it’s time for federal bureaucrats at the Department of Education to get their hands out of our education system. In its latest power grab, the department seeks to enact top-down measures that would remove authority from the hands of teachers, school districts, and state government. The regulation would impose Education Department-mandated accountability measures promulgating federal government oversight over student and school achievement.

The Senate recently passed legislation that would result in a minor victory against the regulatory state and for the legislative branch reclaiming its powers. The measure is now pending in the House, where Republican leadership should bring the measure up for a vote. What is the target of this unnecessary regulation? Catfish. Yes, catfish.

Given the harassment and everyday burdens that federal bureaucrats subject small businesses and families to, it seems obvious that decisions could be challenged by the basic process of judicial review. This right, however, was apparently not entirely evident. The Supreme Court on Tuesday ruled unanimously in favor of property owners in a decision that weakens the EPA’s authority under the Clean Water Act. The ruling in United States Army Corps of Engineers v. Hawkes Co., Inc gives landowners and businesses the right to go to court when federal regulators trample their rights to property and due process.

Last week, the U.S. Department of Labor (DOL) announced revisions to the proposed rules interpreting the Fair Labor Standard Act’s regulations on the overtime compensation pay of white-collar, salaried workers. Currently, salaried employees making more than $23,660 annually are exempt from the DOL requirement that employers pay time-and-a-half for each hour over 40 hours weekly. The final rule, with several key changes to the proposed rule, will extend overtime pay protections to over 40 million American workers.

As the "drop dead date" for Obama administration regulations draws near, we are expecting a flood of "midnight regulations." Regulatory agencies, in an eleventh-hour attempt to pass new rules before the start of the next administration, will make a huge push in ushering in new proposals. In preparation for this regulatory outburst, we have provided a brief guide explaining how proposed rules become regulations.

Uber, the app-based ridesharing service based in San Francisco, has caused a stir in a local New Orleans suburb, where Attorney Deborah Foshee began investigating as to whether or not the taxi service can legally operate its vehicles in Jefferson Parish. According to a recent Associated Press article:

This month the US Senate Committee on Health, Education, Labor, and Pensions held a hearing on the Higher Education Act, which was originally passed in 1965. The primary topic for the duration of the two hour hearing was the collection and dissemination of data from colleges and universities.

Much of the Bill of Rights is dedicated to protecting accused persons, an action integral to our society. Expanding upon the Sixth Amendment’s granted right to legal counsel, states have put legislation in place that strictly dictates who can practice law. While such regulations aim to protect citizens, they have adverse effects and actually abridge the freedoms we hold dear.

Appreciate the thought.