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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9 of 11: Cooperative Federalism and the Growth of the Administrative State [No. 86]

Does modern federalism work the way the Founders envisioned? Professor Michael Greve distinguishes between the dual federalism of the Founders and the cooperative federalism that exists now. Rather than the states and federal governments having sep ... Does modern federalism work the way the Founders envisioned? Professor Michael Greve distinguishes between the dual federalism of the Founders and the cooperative federalism that exists now. Rather than the states and federal governments having separate powers, many state programs are now run on behalf of federal agencies that provide money and dictate specific policy agendas. #law #lawschool #lawstudent #no86 #administrativelaw #federalism

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.