Let’s de-French our dependence on government | Opinion
The second, derived from the French, is the civil approach to law. French civil law believed in a strong central government. In the French view, it would be reasonable for Paris, from afar, to instruct Lyon on how many street lamps it may have. Authority proceeds directly from the king.
Early on, the United States followed, and even improved, the English common law model. The Constitution and the principles of federalism localized authority and gave individuals rights. Property rights of ownership and usage were given to the individual. People were left to their own devices, mostly. As a result, the United States’ economy surpassed the world. The country went from a colony to world power in less than two centuries.
Consider the health care industry, one of the most government-controlled in the nation. In most jurisdictions, in order to build or offer new services, one must obtain a certificate of need first. This process creates an artificial barrier to entry for services that in many cases results in one or two providers monopolizing a given service. Without competition, the quality of health care suffers while the cost of it continues to skyrocket.
While some regulated industries are slowing, industries without regulation are growing. This is exemplified by the growth of internet-based business. One does not need the government’s permission to start a website. Internet businesses have lower barriers to entry than bricks and mortar stores. This climate creates behemoths. Amazon, for example, has outpaced the prior top retailers. Airbnb surfaced as a major competitor to hotels. Plenty of examples exist.
Curtis Schube is the executive director for the Council to Modernize Governance, a think tank committed to making the administration of government more efficient, representative and restrained. He is formerly a constitutional and administrative law attorney. Stephen Hollingshead is an economic development and special jurisdictions adviser, and CEO of RegTech utility ChangeInEx Inc. They wrote this column for The Dallas Morning News.
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