The ‘Swamp’ Needs a Justinian

Judges lack the expertise to review regulations. The sixth-century Roman emperor had a better idea.

When Donald Trump promised during the campaign to drain the “swamp,” he was talking about the regulatory state—the morass of regulations and rulings by the administrative agencies that almost constitute a fourth branch of government. Measuring the economic cost of the swamp is hard, but the labor-force participation rate provides a clue. Only 62.9% of the prime-age U.S. labor force is at work, the second-lowest level among countries in the Organization for Economic Cooperation and Development. Canada is at 65.5%.

Previous...