History of Administrative Law
-tension between efficacy (any problem solved by nat’l govt.) and liberty (no nat’l govt)
-Constitution says virtually nothing
-Article II establishes president and vice president
-appointments clause – officers are appointed by the President; inferior officers are appointed by president, heads of departments, or courts
-some activity post-Civil War but really began with New Deal
-Great Society Era (1964-1973) – outpouring of regulation – especially antidiscrimination law, externalities regulation (e.g., air quality) and consumer regulation
-political and legal accountability
-delegated regulation (to agencies)
-participatory rulemaking – FOIA, Govt. in Sunshine Act
-current era of reduction and reform (1980s-current)
-deregulation and reduction in size
-micromanagerial behavior of Congress
-role of oversight by president and Congress has grown substantially
-National Environmental Protection Act – environmental impact statements
-Paperwork Reduction Analysis
-Analysis of Effect of Regulation on Small Entities (businesses)
-Federalism Analysis
-Mashaw’s Negative View on Current State
-Paralysis by analysis – so many analyses required slows down activity; lots of Congressional management
-this is problem with regulatory reform movement
-Incompetence – govt. tries to do everything without resources
-Unresolved problems – new departments which don’t solve anything
-Private sector management reform does not work because most agencies do not serve a distinct group of “customers” but have broad and diverse groups with divergent interests