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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5 of 11: What is Tax Exceptionalism? [No. 86]

Professor Kristin Hickman explains the notion of “tax exceptionalism” and its justifications. Administrative agencies that collect taxes are often not subject to general rules or administrative laws that other agencies must abide by. The collec ... Professor Kristin Hickman explains the notion of “tax exceptionalism” and its justifications. Administrative agencies that collect taxes are often not subject to general rules or administrative laws that other agencies must abide by. The collection of revenue for the federal government is considered more necessary than the work of other agencies. Professor Hickman points out, however, that the IRS is also involved with a number of social welfare programs that have little or nothing to do with the primary purpose of the agency.

Professor Kristin E. Hickman is a Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School.

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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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