How does the federal government keep expanding into every corner of our lives? It’s not always by passing new laws. Guidance documents, letters, handbooks, and informal directives from federal agencies can cause headaches for states, schools, businesses, and regular people.
In this episode of Defending Ideas, host Nic Dunn is joined by Kevin Williamson, National Correspondent at The Dispatch and Writer in Residence at Competitive Enterprise Institute, as well as Sutherland Institute constitutional law and religious freedom fellow Bill Duncan, to examine how federal guidance works and why it raises serious concerns about accountability and constitutional authority.
They discuss regulatory “dark matter,” the decline of congressional responsibility, practical examples of federal agencies pressuring states, and how federalism, transparency, and a renewed commitment to separation of powers could help rein in Washington’s influence.
Show notes:
Sutherland Institute — “Hidden Signals: Creating Transparency in Agency Guidance,” by William C. Duncan https://sutherlandinstitute.org/hidden-signals-creating-transparency-in-agency-guidance/
The Dispatch — “Shining a Light on Regulatory Dark Matter,” by Kevin D. Williamson https://thedispatch.com/newsletter/dispatch-markets/bureaucratic-regulations-compliance-guidance/







