Making the Administrative State More Accountable

Published: April 11, 2017, 3:29 p.m.

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Administrative Law & Regulation Practice Group Podcast

How might America reform the modern administrative state\\u2014not only to limit its power, but to restore its constitutional accountability to Congress, the President, and the courts? That is the subject of\\xa0a\\xa0recent report\\xa0by\\xa0National Affairs, on policy reforms for a more accountable administrative state. In its four chapters, the report:

1. Diagnoses the fundamental problems underlying the modern administrative state, which reflect a failure of republican governance;
2. Proposes to restore Congress to its crucial constitutional role as the "First Branch" in lawmaking, policymaking, appropriations and oversight;
3. Proposes to modernize White House oversight of agency regulatory actions, primarily by shifting the Office of Information and Administration\'s role from one of reaction to one of action; and
4. Proposes to reform both the laws governing agency process and the laws governing judicial review of agency action, in order to improve the quality of agency actions and, relatedly, to ensure more meaningful judicial\\xa0review of agency actions.

To discuss these issues and proposals, please join us for a teleforum discussion with the report\\u2019s three authors:\\xa0Adam White,\\xa0Oren Cass, and\\xa0Kevin Kosar.\\xa0

Featuring:

  • Oren Cass, Senior Fellow, Manhattan Institute
  • Kevin Kosar,\\xa0Governance Project Director and Senior Fellow, R Street Institute
  • Adam White,\\xa0Research Fellow, The Hoover Institution and Adjunct Professor, Antonin Scalia Law School
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