Listen & Download

How might America reform the modern administrative state—not only to limit its power, but to restore its constitutional accountability to Congress, the President, and the courts? That is the subject of a recent report by National Affairs, on policy reforms for a more accountable administrative state. In its four chapters, the report:

1. Diagnoses the fundamental problems underlying the modern administrative state, which reflect a failure of republican governance;
2. Proposes to restore Congress to its crucial constitutional role as the "First Branch" in lawmaking, policymaking, appropriations and oversight;
3. Proposes to modernize White House oversight of agency regulatory actions, primarily by shifting the Office of Information and Administration's role from one of reaction to one of action; and
4. Proposes to reform both the laws governing agency process and the laws governing judicial review of agency action, in order to improve the quality of agency actions and, relatedly, to ensure more meaningful judicial review of agency actions.

To discuss these issues and proposals, please join us for a teleforum discussion with the report’s three authors: Adam WhiteOren Cass, and Kevin Kosar


  • Oren Cass, Senior Fellow, Manhattan Institute
  • Kevin Kosar, Governance Project Director and Senior Fellow, R Street Institute
  • Adam White, Research Fellow, The Hoover Institution and Adjunct Professor, Antonin Scalia Law School