You ask a very astute question that is too rarely asked. The way this plays out in the United States is that many entrepreneurs complain about the growing role of the federal government in regulation of business over the last two centuries, which plainly is a correct description of the historical trend. But only legal historians, with their specialized knowledge, notice that many state laws have become much less restrictive of business activity over time. It's actually rather difficult to figure out what the overall historical trend is at all levels of government in the United States. Some businesses may be easier than ever to form, while others are harder than ever to form.