Practical obstacles to implementing policy illustrate how agencies assess their own constitutional authority.
Empowering Congress to fulfill its constitutional role can ensure regulation without administrative bureaucracy.
A better model for the administrative state includes both agency expertise and congressional oversight for major regulations.
A new theory of administrative separation of powers protects modern government from its challengers.
The administrative state can teach us about the Constitution’s guarantee of liberty and separation of powers.
The Congressional Review Act restores notions of separation of powers and empowers private parties affected by regulation.
Regulatory reform should reduce rulemaking burdens to promote effective agency action.
Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.
The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.
India’s Supreme Court enforces public interest regulations, but it risks political harm in doing so.
A New Deal-era proposal would produce more effective, less burdensome regulation.
When it comes to brokering settlements, presidential power may need to be regulated.