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

Be Careful What You Wish For

The state of Oklahoma has California in its sight s . People and businesses seeking greater opportunity are fleeing California, and justifiably so. The most humane thing for Oklahoma to do is open our borders and offer economic asylum to the oppressed refugees of the People’s Republic of California. However, I urge caution. In an age dominated by masked faces and super-sensitivity to the spread of viral conditions, I suggest the California Condition (condition) should be met with great trepidation.   What is the condition? It is the virulent spread of tyranny and oppression. Common symptoms include limited freedom and mobility accompanied by exorbitant costs of living, energy, doing business, and pretty much everything else. Those suffering under the condition often experience a diminished capacity for reason. Uncommon symptoms may include fever and fits of rage. The condition is progressive. It tends to worsen as reason diminishes and illogic consumes the mind. Many that experienc...

The Truth About COVID-19: Better Than You Think

As the media turns its attention back to COVID-19, there is a renewed push to shut down the economy. Some states have even begun to scale back reopening plans for their economies; others continue to delay opening. It is essential to look past their catastrophizing and focus on the facts of COVID-19. One fact to consider: while testing has risen 23%, the rate of positive results has only risen 1.3 percentage points to 6.2%. Even as alarmists point to the rise in cases, they still admit that the boost in testing has played a role in the rise in the total number of known cases. Therefore, the total number of positive cases is not of much use in this case, as it only paints a partial picture. The rate of increase in total positive cases is a more meaningful measure, and it has barely increased. Even more important is who is getting infected. The data show that recent cases are primarily younger people. But that’s a good thing; these are precisely the people that are key to building herd ...

Higher Home Prices, Brought to You by Oklahoma's Occupational Licensing Machine

Increasingly, people across the ideological spectrum recognize the costs of occupational licensing. Almost since its inception, the 1889 Institute has highlighted several of the least justifiable licensing regimes in Oklahoma. Each individual license may seem, if not harmless , then at least only slightly harmful on its own. But the effects add up. It is estimated that licensing costs $203 billion each year, and results in up to 2.85 million fewer jobs nationwide. One of the principle ways Americans build lasting wealth is through home ownership. So a license that interferes with this process is particularly galling.  The transaction costs of buying and selling a home in Oklahoma are too high. This is not a matter of opinion, like “the price of gas is too high” or “the luxury goods I would like to own cost too much.” It is an empirical fact. The way Oklahoma regulates the Abstracting and Title Insurance industries tangibly and demonstrably impacts the cost of buying...

Present Reforms to Keep the Ghost of State Questions Past from Creating Future Headaches

Oklahoma, like many western states, allows its citizens to directly participate in the democratic process through citizen initiatives and referendums. In a referendum, the legislature directs a question to the people — usually to modify the state constitution, since the legislature can change statutes itself. An initiative requires no legislative involvement, but is initiated by the people via signature gathering, and can be used to modify statute or amend the constitution. Collectively, the initiatives and referendums that make it onto the ballot are known as State Questions.   Recently, there have been calls to make it more difficult to amend the constitution. At least two proposals are being discussed. One would diversify the signature requirement by demanding that a proportional amount of signatures come from each region of the state. The other would require a sixty percent majority to adopt a constitutional amendment rather than the fifty percent plus one currently in place. ...