Rule‐making and the American Constitution

Peter L. Strauss

in The Regulatory State

Published in print December 2010 | ISBN: 9780199593170
Published online January 2011 | e-ISBN: 9780191595660 | DOI:
Rule‐making and the American Constitution

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This chapter leaves behind the standard accounts of federal agencies to examine the role of the presidency in fashioning regulatory outputs. It recounts — and with reference to American ‘checks and balances’ ideas — a steady accretion of power at the centre, the result of which has been to render rulemaking increasingly a political rather than ‘expert’ activity. Whether the process is reversible, or whether ongoing crises in finance and security will serve to concretize this profound constitutional development, remains to be seen.

Keywords: American administrative state; rulemaking; constitutional development; politics; law

Chapter.  9154 words. 

Subjects: Constitutional and Administrative Law

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