10.8.20

WILL THE CORONAVIRUS PROVE FATAL TO THE ADMINISTRATIVE STATE?

Reason's J. D. Tuccille raises the possibility.  "Americans Are Growing Less Willing To Beg for Permission To Make a Living."  Specifically,
It appears that government-imposed restrictions on travel, business, and social contact don't become more palatable with age. As the COVID-19 pandemic continues to simmer, the one competency that officials have consistently displayed is in tightening the screws, using the licenses and permissions they require as enforcement tools. For people tired of being bossed around, the obvious response is to carry on without the government's imprimatur—and they're doing so in droves. It's an attitude likely to live on long after the crisis has passed.
It's long been understood that courts construe the public interest doctrine in such a way as to permit a lot of legislative action, generally meaning the creation of licensing boards so as to not have roll call votes on the price of a haircut or the fat content of ice cream.  But state power is not a blank check, even in the middle of a pandemic.
The government is actually ordering people to refrain from earning their keep, and instead to humbly submit to bankruptcy and beggary. To some, submitting to the rules can look foolish and suicidal—like baring your throat to a predator.

And once you've battled government officials threatening your ability to make a living during hard times, why would you assume, after the crisis passes, that they've suddenly become wiser and better disposed to your wellbeing? People who have questioned officials' judgment and defied their orders are unlikely to lose that habit after the pandemic passes. Sure, they'll probably continue to apply for licenses to operate just to make life easy. But they'll remember that officials tried to strip them of the "privilege" of putting food on the table and they'll realize just how dangerous it is to rely on such permission.

It's too much to hope that the licensing and permitting apparatus that politicians have carefully constructed over the years will soon be swept away by a righteous wave of public revulsion. Big changes are hard and the permission state that we live in will, almost certainly, still formally exist in the years to come. But people aren't going to be so eager to ask permission, and they'll be much more willing to live their lives in its absence.
Just devolve, already.  "Credentialed Elites plus Presidential Power plus Tax and Spend ... eventually collapses of its own weight.  Perhaps with the voting coalitions taking new forms along the way."

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