As the federal government grew, the legislative process proved too slow for corporate and welfare statists. In order to hasten the process, Congress delegated or simply abrogated its authority to unelected bureaucrats. But at least under the second approach, agencies must give notice of new rules, solicit comments, and hold public hearings. There remains a modicum of due process. Now a third approach to regulations is emerging.
Governments can use their powers to harass, threaten, and intimidate industries.
The bullying might not lead to a formal change in laws or regulations. But the massive resources and open-ended authority at the disposal of governments means that they can bleed businesses dry even when the businesses are winning the battles. Due process or democratic procedures are replaced with state extortion. More and more, the defects of the Postal Service stand in contrast to the successes of the private sector created telecommunications revolution. Critics compare e-mail with what they call the Postal Service's snail mail.