Administrative Law and the Executive

Administrative Law and the Executive

 

How does "who the President is" affect administrative agencies? Executive branch agencies (such as the Department of Agriculture, Department of Education, Department of Energy, and many others) fall under the direct control of the President. The President chooses agency heads, who in turn work with the career staff in their agencies to implement policies in line with the President's policy goals. The agencies, like the President, exercise executive power in the creation and promulgation of national policies. In effect, the President delegates power to agencies, and the agencies' connection to the President gives them some degree of democratic accountability. How does the Office of Internal and Regulatory Affairs (OIRA) oversee these agencies for the Executive branch? Does OIRA serve both the President and the public? What agencies are not reviewable by OIRA and why?

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4 of 9: Is OIRA Able to Serve Both Agencies and the Public? [No. 86]

Professor Sally Katzen explains the dual constituencies served by the Office of Information and Regulatory Affairs (OIRA) - administrative agencies and the public. Under different presidential administrations, OIRA may have different priorities. B ... Professor Sally Katzen explains the dual constituencies served by the Office of Information and Regulatory Affairs (OIRA) - administrative agencies and the public. Under different presidential administrations, OIRA may have different priorities. But the primary OIRA function remains the same - to impartially evaluate agency regulations and the effects of these regulations on the public.

Professor Sally Katzen is the Co-Director of the Legislative and Regulatory Process Clinic at New York University School of Law.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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