From Brooke Medina, John Locke Foundation <[email protected]>
Subject Reining in the bureaucrats
Date February 5, 2025 12:16 AM
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Hi there,

Can you guess how many regulations North Carolina currently has on its books?

It’s hard to believe, but North Carolina currently has over 109,000 regulatory restrictions ([link removed]) , making it impossible for the average citizen to navigate all the red tape of a bloated bureaucracy.

For decades, the legislature and governor increasingly granted bureaucrats the power to create and enforce laws without oversight or constitutional limits.

It's time for North Carolina to rein in the bureaucrats and return power to the legislature.

Passing laws is a difficult, complicated process. But that’s the point.

It’s hard on purpose! The division of powers in our constitutional system was designed to protect your freedoms and ensure proper oversight.

Unfortunately, it is sometimes impractical for the legislature to include every single detail necessary for a law to work, which is where state agencies come in. They fill the gaps by promulgating regulations.

But the problem starts when agencies aren’t filling in the details, but effectively creating the laws.

Thankfully, state legislatures are starting to take action. They are reclaiming their constitutional authority by adopting REINS (Regulations from the Executive In Need of Scrutiny) Acts.

What are REINS Acts?

It is a simple, yet powerful reform: it requires the legislature to approve any regulation created by the bureaucracy with an economic impact over a certain threshold (set by the legislature).

And to effectively do that, legislators need accurate and unbiased information to assess the proposed regulations.

That’s why the North Carolina General Assembly should include establishing its own economic analysis unit within its REINS Act.

The rise of the administrative state is not an insurmountable problem - but it does require action. The North Carolina General Assembly needs to take back its policy making power from state agencies. Let’s ensure that our laws are created by those we elect, not by bureaucrats.

You can read more about fighting regulation in North Carolina here ([link removed]) , here ([link removed]) and here ([link removed]) .

Esse quam videri,

Brooke Medina

See our new video!

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More from Locke
1) ([link removed]) 📸📸📸 2025 NC school choice snapshot ([link removed])
* Last week was National School Choice Week, presenting the perfect opportunity to evaluate how far North Carolina has come on school choice, and how far it still has to go
+ In 2023, NC expanded eligibility for the Opportunity Scholarship Program (OSP) so that all families in the state could apply for a voucher to cover private school tuition
+ And then last fall, the General Assembly allocated funds for all OSP and Education Student Accounts (ESA+) applicants
* So where does school choice in North Carolina stand today? Some numbers tell the story…
+ 76% of K-12 students attend traditional public schools (a 3% decline since 2019-2020)
o However, NC lacks statewide open enrollment laws, limiting families’ freedom to choose the public schools that best fits their needs
+ Meanwhile, since 2019, enrollment in schools of choice (charter, home, private schools) increased by 17%
o Charter schools (tuition-free public schools with higher flexibility) are increasingly popular, with nearly 144,000 students attending 210 schools
# Access to charter schools still remains an issue, as 85,000+ students remain on waiting lists
# According to a 2024 Carolina Journal Poll, 59% of likely voters support expanding charter school availability
o Private schools enrollments have also grown, with 131,230 students attending 881 schools
# Both the OSP and ESA+ programs help families afford private school for their children, supporting a combined 36,115 students last year
o An estimated 157,642 students are homeschooled, a decrease from the pandemic peak, but still higher than pre-COVID numbers

You can read the full report here ([link removed]) .

2) 📋📋📋 A wishlist for the new legislative session ([link removed])
* The 2023-2024 session of the North Carolina General Assembly delivered a number of victories for Locke, including:
+ The 2023 budget ([link removed])
+ Numerous changes to election in House Bill 747 ([link removed])
+ Passage of the citizen-only voting constitutional amendment ([link removed])
* So, for the 2025-2026 session, we’ve compiled a partial wish list of further reforms.
+ The list includes reforming:
o The state legislature
o Voting procedures
o Election administration
o Redistricting
* Reform is often a multi-year struggle, but we hope at least some of these proposals will become reality in the upcoming legislative session

You can read the full list here ([link removed]) .

3) 🤔🤔🤔 Is Medicaid expansion the right decision? ([link removed])
* In December 2023, North Carolina became the 40th state to expand Medicaid
+ Expansion was incentivized by a $1.6 billion “signing bonus” from the American Rescue Plan Act, and a federal promise to fund 90% of costs
+ But federal funding only traditionally covers 65% of costs
+ North Carolina’s legislation includes a provision to discontinue expansion if federal funding falls below 90%, but enforcing this would require political courage
+ Originally designed for vulnerable groups (e.g., the disabled and disadvantaged children), Medicaid has expanded into a bloated social welfare program with:
o Uncontrolled spending
o Fraudulent payments
o Unnecessary coverage
o Overwhelming enrollment
o Crowding out traditional enrollees
o Budget shortfalls
* North Carolina Medicaid is funded by a combination of the federal government, state appropriations and hospital fees
+ FY 2024 NC Medicaid expenditures increased by 29.3%, with state-funded expenditures rising 18.7%
+ Since FY 2010, growth in state Medicaid spending (135.8%) has outpaced total state-supported appropriations (56.7%)
+ And Medicaid expansion has added more enrollees than originally expected by January 2025
* Federal funding cuts for Medicaid expansion are unlikely in 2025, but some sort of action over the next decade is almost certain
+ Consequently, policymakers must have the be prepared to:
o Either cut other funding priorities, raise taxes or eliminate Medicaid expansion if federal funding drops below 90%
o And restore Medicaid to its original intent, to focus on the state’s most vulnerable populations

You can read more here ([link removed]) .

Donate ([link removed])

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