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.

  

Play the next video in the series?

Watch Now

7 of 11: Are Administrative Agencies Inherently Political? [No. 86]

All administrative agencies have a particular mission. How the mission is enacted or perceived can be politically motivated. Professor David Bernstein argues that the staffers at these agencies may not be political but they do necessarily subscribe t ... All administrative agencies have a particular mission. How the mission is enacted or perceived can be politically motivated. Professor David Bernstein argues that the staffers at these agencies may not be political but they do necessarily subscribe to the mission of the agency. Agency staff are more concerned with advancing the policies of the agency than they are about Constitutional considerations.

David Bernstein is a University Professor and the Executive Director of the Liberty & Law Center at the Antonin Scalia Law School.

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

Subscribe to the series’ playlist: https://www.youtube.com/playlist?list=PLWwcngsYgoUXTBxtM1cr9ThwGsTTR4XU_

#law #no86 #administrativelaw