Bureaucratic Rule-Making

Written by Jonathan Milner

Definition

The process by which federal agencies write regulations that carry out laws passed by Congress. Under the Administrative Procedure Act of 1946, agencies usually publish a proposed rule, take public comments, then issue a final rule.

Example

In Loper Bright Enterprises v. Raimondo (2024), the Supreme Court overturned the Chevron doctrine, so courts no longer defer to an agency's reading of an unclear law when reviewing its rules.

 

Questions

  1. Define bureaucratic rule-making and identify the law that sets its basic steps.

  2. Explain why Congress delegates rule-making power to federal agencies.

  3. Describe the notice-and-comment process an agency follows before issuing a rule.

  4. Explain how Loper Bright v. Raimondo changed the balance of power between courts and agencies.

  5. Identify two ways Congress can check an agency's rule-making.

  6. Explain how interest groups try to influence agency rules.

  7. Describe how rule-making connects to the idea of the bureaucracy as a "fourth branch."

  8. Should unelected agency experts make rules with the force of law? Explain.

  9. What emoji would do a good job of expressing the concept bureaucratic rule-making?

  10. Translate bureaucratic rule-making into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw bureaucratic rule-making! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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