Skip to main content

Let’s Stop Allowing Special Interests to Pull Up the Ladder of Opportunity


"People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices."

-Adam Smith, The Wealth of Nations

A legislator I know once told me that he heard a lobbyist for a trade group describe his job as helping those already on top of the building pull up the ladder so that no one else would be able to climb to the top. What he meant was that he helped this trade association get the legislature to pass laws that made it ever more difficult to become licensed in the field, thus limiting competition for his paying clients. For the incumbents in the field, this seems like an easy trade: the fee to hire the lobbyist is relatively small compared to the windfall produced by using the law to eliminate future competition.

To the lobbyist’s credit, at least he was forthright about what he was being paid to do (rather than pretending that he was out to protect “public health and safety”). But pause for a moment and contemplate what this portends for society at large. The practical effect of this mentality is that many people are legally prohibited—or at least substantially hampered—from pursuing their chosen career. Moreover, the entire goal of such action is to keep prices to the consumer high by artificially manipulating the supply of practitioners.

Occupational licensing has exploded in the modern United States. The share of occupations covered by a license has grown from approximately 5% in 1950 to more than 29% today. Unfortunately, Oklahoma has been right there in the thick of it. According to a recent study, Oklahoma is the eleventh most burdensome licensing state in the country.

Occupational licensing as a policy is a throwback to the medieval guild system whose demise has been called an “indispensable early step in the rise of freedom in the Western world.” As pointed out by several 1889 Institute studies, there is little evidence that public health and service quality are enhanced by licensing, but there is a good deal of evidence that occupational licensing limits work opportunities, redistributes income from lower to higher income individuals, increases the cost of living, limits innovation, and leads to more licensing.

So, despite its negative consequences, why does this pernicious form of regulation persist? A clue can be found when one considers that rarely, if ever, is a licensing regime enacted into law after a great public outcry for the regulation of a rogue industry that is harming the public. On the contrary, it is usually the existing members of the occupation itself that organize a political effort to impose licensing on their own field. They are simply trying to pull up the ladder.

1889 Institute has proposed a framework for evaluating new and existing licensing laws in its publication “Policy Maker’s Guide to Evaluating Proposed and Existing Professional Licensing Laws.” We argue there are only two valid reasons to license an occupation: (1) an occupation’s practices present a real and probable risk of harm to the general public or patrons if practitioners fail to act properly; and (2) civil-law or market failure makes it difficult for patrons to obtain information, educate themselves, and judge whether an occupation’s practitioners are competent. Unless both of these circumstances are present, people should be left free to practice the occupation unimpeded by a government licensing requirement.

The Wealth of Nations excerpt quoted above is sometimes cited (perversely) by proponents of additional government intervention in markets. But what follows that excerpt is largely ignored. Smith continues:

"It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice. But though the law cannot hinder people of the same trade from sometimes assembling together, it ought to do nothing to facilitate such assemblies; much less to render them necessary. A regulation which obliges all those of the same trade in a particular town to enter their names and places of abode in a public register, facilitates such assemblies. . . . A regulation which enables those of the same trade to tax themselves in order to provide for their poor, their sick, their widows, and orphans, by giving them a common interest to manage, renders such assemblies necessary. An incorporation not only renders them necessary, but makes the act of the majority binding upon the whole." 

Modern occupational licensing has advanced far beyond a mere “public register” (in fact, those of us who would like to roll back licensing would be thrilled to see current licenses reduced to simple public registries!). It is time to free ourselves from the burdens and unnecessary costs of restrictive occupational licensing regimes. Doing so will enhance the freedom of individuals to pursue their calling in life, and will benefit the consumers of these new entrants’ services.

Benjamin Lepak is Legal Fellow at the 1889 Institute. He can be reached at blepak@1889institute.org.

The opinions expressed in this blog are those of the author, and do not necessarily reflect the official position of 1889 Institute.

Popular posts from this blog

COVID-19 Proves Our Schools Are Social Service Centers First, Education Institutions Second

There is no way the 180-day (or 1,080 hours) school year can be completed by the end of previously established school calendars for this year given the fact that spring break has now already been effectively extended an additional two weeks. One option would have been to extend the school year into the summer. Given the level of family togetherness being experienced now, and the fact that incomes are being lost and many would be interested in making up the losses, it’s not unreasonable to expect vacation plans to be radically remade or canceled anyway. Instead, Oklahoma’s State Board of Education precipitously closed the schools and did not call for an extension of end-of-school dates. Thus, the summer option has been foreclosed. The State Board is within its rights. Oklahoma statutes (70 O.S. § 1-109 E) state, “A school district may maintain school for less than a full school year only when conditions beyond the control of school authorities make the maintenance of the term imp...

Robbing the Poor to Give to the Rich: Corporate Welfare in Oklahoma

Imagine that someone forcibly takes your hard-earned money and then simply gives it to a multi-billion dollar corporation such as Home Depot, Wal-Mart, or Boeing. You receive no benefit from this forcible redistribution of wealth, and the sole beneficiary is the corporation. You would most likely be outraged, and justifiably so. Unfortunately, this forced redistribution of wealth happens in Oklahoma (and the nation as a whole) all the time via a variety of state and local corporate welfare schemes.   Policymakers either take your hard-earned money (via taxes), and directly subsidize large corporations or give those corporations tax breaks nobody else can get. All of this is done in the name of jobs and economic development, but these favors bring very little (if any) benefit to you. This is tyranny, plain and simple. In fact, it is not unlike the sort of advantage nobility took of commoners before the American Revolution, only the modern nobility is just very good at lobbying. In ...

Follow the Science: Eliminate Social Distancing and Focus Resources to Protect the Vulnerable

As the country entered into an election year, COVID-19 reared its head and became an unusual campaign issue. Exposed to extreme politization, facts were buried in an abundance of misinformation perpetuated by the invocation of “science.” With the overly polarized rhetoric of stump speeches mercifully behind us, it is time to return to the rigor and integrity in research that public policy deserves. Now that the polls have closed, let’s move on, dig into the facts, and, indeed, follow the science.   Upon the outbreak of the novel coronavirus, SARS-CoV-2 and the COVID-19 illness, little was known about it. Symptomatically, it was even difficult to tell whether or not one had the disease given that the list of symptoms seemed to expand continually. Despite what little information existed, there was no lack of self-proclaimed experts claiming the knowledge necessary to contain the disease. With the state's presumptive authority and dubious expertise, numerous state and local governmen...

What if Legislators Were Licensed? Well, Just to Make a Point...

1889 Institute, as a general matter, objects to occupational licensing. We have written about it more than any other subject. The scant benefits simply do not outweigh the enormous costs to consumers and entrepreneurs, and  the  burdens that disproportionately impact the poor.   It must be noted that the remainder of this post is a work of satire. This should be obvious to anyone who has read even one of our papers, but each of the proposals below has an analogous provision in Oklahoma licensing laws. To those supportive of government-created cartels, these proposals might sound almost reasonable.  A material threat to the public safety and welfare has for too long gone entirely unregulated, unrestrained and unchecked. This menace has the power to corrode not only mere industries, but to corrupt the entire state economy. It’s no overstatement to say that the practitioners of this perilous profession hold the power to destroy democracy as we know it. After a...