Tag Archives: Congress

Wallach on Lessons from the REINS Act

by Bridget C.E. Dooling — Thursday, May 9, 2019@BridgetDooling

The REINS Act would have required Congress to approve all new “major” rules before they could go into effect. A significant re-ordering of the regulatory process, it was one of many regulatory reform bills that was introduced but not enacted in the 115th Congress. The REINS Act reflected aspects of a larger movement to strengthen the […]

Upcoming Hearing — From Beginning to End: An Examination of Agencies’ Early Public Engagement and Retrospective Review

by Bridget C.E. Dooling — Monday, May 6, 2019@BridgetDooling

Two former OIRA Administrators are testifying tomorrow morning in a hearing that might re-kindle regulatory reform efforts in Congress. As Chris Walker has covered on this blog, the 115th Congress had a flurry of regulatory reform activity, none of which was enacted. This is the first Senate hearing in the 116th to take up regulatory reform.* […]

Congressional Capacity, “Government Contributions,” and Legislative Branch Spending Visibility

by Matt Glassman — Friday, Aug. 10, 2018@MattGlassman312

Congressional capacity—or the lack thereof—is on the minds of a lot of people in Washington these days, left and right. And almost all of them are very concerned. Flat personal office staffing numbers, combined with an ever-growing elecotrate and radical increase in electronic mail to Congress, has stretched resources thin and forced members to shift […]

House Procedure, Agenda Setting, and Impeachment

by Matt Glassman — Friday, Mar. 23, 2018@MattGlassman312

Earlier this week, in response to concerns that President Trump might fire Special Counsel Robert Mueller, Republican Senators Jeff Flake and Lindsey Graham warned that such a move might precipitate impeachment. Of course, Senators cannot impeach the president. The power of impeachment lies solely with the House.  Current conventional wisdom suggests that the House of […]

Price on Congress’s Power of the Purse (AdLaw Bridge Series)

by Chris Walker — Tuesday, Nov. 21, 2017@chris_j_walker

As regular readers know, I’m a big fan of Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers. I’ve talked about it at numerous conferences and reviewed it for the Michigan Law Review (draft review here). Congress’s Constitution focuses on six powers Congress has to compete with the other branches in our separation-of-powers framework […]

Reinvigorating Congress’s Oversight Role of the Federal Bureaucracy

by Chris Walker — Wednesday, Oct. 18, 2017@chris_j_walker

As I noted last month, the ABA Annual Administrative Law Conference is my favorite adlaw event of the year. This year’s program, which starts tomorrow, might be the best one (I’ve attended) to date. Lots of great panels, so check out the full program here. The first panel of the day — Reinvigorating Congress’s Oversight Role […]

New Book by Josh Chafetz: Congress’s Constitution (AdLaw Bridge Series)

by Chris Walker — Thursday, June 1, 2017@chris_j_walker

Amazon tells me that Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers is now available for purchase. Over the last few weeks I’ve been reading the publisher proofs as I’ll be reviewing the book for the Michigan Law Review later this year. It’s a terrific read and an important and timely contribution to […]

In Bipartisan Reform of the APA, Is There “Fertile Ground Here to Actually Get Something Done”?

by Adam White — Thursday, Apr. 27, 2017

As Chris noted last night, Senators Portman and Heitkamp introduced legislation to significantly reform and modernize the Administrative Procedure Act of 1946. There is much to be written about this version of the “Regulatory AccountabilityAct,” including its provision for replacing Auer deference with a Skidmore While regulatory reform tends to be construed as a Republican or conservative attack on administrative […]

Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

by Emily Bremer — Saturday, Apr. 22, 2017@emilysbremer

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

Regulatory Reform Legislation in the New Congress

by Chris Walker — Monday, Jan. 2, 2017@chris_j_walker

In the Washington Post yesterday, Dave Wiegel penned a fascinating article on the new Congress’s legislative agenda on regulatory reform. Here’s a taste from the article: For six years, since they took back the House of Representatives, Republicans have added to a pile of legislation that moldered outside the White House. In their thwarted agenda, financial […]