Tag Archives: Congress

Coming Back to Congress, by Andrew M. Grossman

by Guest Blogger — Wednesday, June 19, 2019

Donald Kochan has set forth a concise and persuasive account of congressional delegation of broad swaths of lawmaking authority to administrative agencies, which may be why his article has attracted such attention from the usual suspects. Kochan is, as so many are, pessimistic in his conclusions: short of a deus ex machina like a revivified […]

Two Regulatory Reform Bills Introduced

by Bridget C.E. Dooling — Wednesday, May 29, 2019@BridgetDooling

Following up on my post about a Congressional hearing on regulatory reform before the U.S. Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management (RAFM), two new bills were introduced on May 13. Both bills grew out of that hearing (video & written testimony available on the HSGAC website). The Early […]

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 […]