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

Top-Ten in Low Taxes, But Oklahoma Still Has Much Room for Improvement

In a comparison of states’ total taxes as well as spending in certain broad categories that the 1889 Institute has just published ( Oklahoma Government Revenues and Spending in Perspective – Update ), some interesting facts arise. Using federal data, we compared states by looking at the percentage of personal income collected in state and local government revenues. We also looked at the percentage of personal income spent in six broad spending categories: higher education, public education, public welfare, hospitals, highways, and corrections. The data shows that in 2017 Oklahoma’s state and local governments: Extract 13.2 percent of Oklahomans’ personal income in taxes and fees, moving Oklahoma into the Top Ten lowest-taxing states, ahead of Texas.   Spend 12.38 percent of personal income on the six featured spending areas (which include federal dollars), only a little below the national average of 12.7 percent. While 9th overall (least spent being first), Oklahoma is n...

Liability In the Time of Covid: When Should Businesses Be Sued for the Spread of Infectious Disease?

When businesses reopen, what liability should they face related to the spread of Covid? Can businesses who remained open during the pandemic, or those who were open before the lockdowns began, be held liable if their customers caught the virus within the businesses’ walls? If so, what would a customer-plaintiff need to prove?   Defending even a meritless lawsuit can be prohibitively expensive. For this reason, it is important to define ahead of time what harms can lead to successful lawsuits. Limitations on causes of action can reduce unwarranted suits by kicking them out of the legal system earlier in the process. So what should businesses be liable for? There are two distinct categories of business liability that might arise from Covid. The first is products liability. The second is liability for infection spread within a business.   Products Liability First, any willful fraud perpetrated in relation to Covid should be severely punished. This would include ...

Eat Your Vegetables: City Council Considers A Well-Disguised Sin Tax

The Oklahoma City Council is considering a well-disguised sin tax. They call it a Healthy Neighborhood Zoning Overlay, but the effect is the same. It limits new dollar stores in the specified neighborhood. The ostensible goal is to create a welcoming environment for grocery stores selling fresh meat and produce. But it accomplishes this goal by giving existing dollar stores a monopoly, which will raise prices, and punish residents for shopping at the purveyors of (allegedly nothing but) junk food, instead of subsisting on fresh, organic kale smoothies like good little citizens. Why would the Council intentionally restrict the supply of stores where many of their residents buy basic household goods and food? Several possibilities present themselves, though none are sound.   A fundamental misunderstanding of the laws of supply and demand. Economists call the current state of the neighborhood a contestable market: dollar stores choose low prices because the mere p...

Lease the Turnpikes to Transform Oklahoma’s Road Infrastructure

Oklahoma can make a game-changing improvement in the quality of its roads, highways, and other transportation infrastructure, and in short order. Here’s how. Back in January , I proposed monetizing large state-owned assets and using the proceeds to fund long-term budgetary needs, like underfunded pensions and transportation infrastructure. A prime candidate for monetization is the turnpike system, which I proposed leasing to private investors on a long-term basis and using the substantial windfall to improve other transportation infrastructure. Other states (most notably, Indiana) have pursued this strategy to great success, with the result being not just a financial boon to road funding but also improved management and quality of the privately operated toll roads. I conservatively estimated leasing the turnpikes would generate north of a billion dollars. A new study indicates it would probably generate more like four times that . The Reason Foundation released a study last month prop...