Document Type
Article
Publication Date
2011
Abstract
Whether for want of time, expertise, or political will, Congress frequently drafts laws that leave important questions unanswered. Ever since the New Deal era, administrative agencies have resolved these questions pursuant to broad delegations of authority from Congress. For decades, academics have debated the appropriate role for the President in the process of settling such questions. In practice, the President and the President's staff often exert strong influence over agencies in their resolution of the unanswered questions. Frequently, though, the President's hand is invisible in the records created by the agencies to justify their decisions. Rather than documenting political influences, the agencies often support their decisions with technocratic explanations that are tied to the factors that Congress explicitly authorized them to consider in implementing the statute.
Recommended Citation
Stephen M. Johnson, Disclosing the President’s Role in Rulemaking: A Critique of the Reform Proposals, 60 Cath. U. L. Rev. 1 (2011).