Agency Rulemaking

Agency Rulemaking

The nature and scope of administrative rulemaking is a topic for ongoing debate. One of the main functions of administrative agencies is to create regulations. Over the past several decades, the volume of the Code of Federal Regulations far surpasses the laws passed by Congress. How are these agencies accountable to the American public? What are tradeoffs for relying on agency expertise instead of Congressional legislating? This series discusses how agency rulemaking works in practice: the scope of agencies' authority to write regulations, core processes of agency rulemaking (notice and comment rulemaking), the review and scrutiny that rules are subject to, and how agency rulemaking fits in with the democratic process.

  

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11 of 11: Pros and Cons of Agency Rulemaking [No. 86]

When and why would it be a good thing for agencies to make rules? Professor Michael Greve discusses the benefits and drawbacks of governing by agency. Agencies can move faster than Congress and have more expertise on issues. On the other hand, age ... When and why would it be a good thing for agencies to make rules? Professor Michael Greve discusses the benefits and drawbacks of governing by agency. Agencies can move faster than Congress and have more expertise on issues. On the other hand, agencies are not democratically elected and they don’t always consider rules in the larger context that Congress has to take into consideration. #law #lawschool #no86 #lawstudent #administrativelaw

Michael Greve is a Professor of Law at the Antonin Scalia Law School at George Mason University.


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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.