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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8 of 11: Have Agency Policies Become More Political over Time? [No. 86]

Professor David Bernstein explains that as administrative agencies have grown over time, so has their impact on the average citizen. Agencies set policies that govern daily life and the policies can sometimes vary widely depending on the political pa ... Professor David Bernstein explains that as administrative agencies have grown over time, so has their impact on the average citizen. Agencies set policies that govern daily life and the policies can sometimes vary widely depending on the political party in control of the Executive branch. Professor Bernstein argues that it is generally easier for a Democratic administration to enact its agenda, due to the mission and staffing at the agencies.

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.

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