Oversight in the Rulemaking Process
Oversight in the Rulemaking Process
No administrative agency should be allowed to operate with impunity. There has to be oversight so that Congress can examine how administrative agencies are implementing laws. At the very least, oversight and examination raises the conspicuousness of a given issue by encouraging media attention and public debate. Is oversight by Congress an effective accountability tool?
Consider the importance of oversight in the rulemaking process.
Provide an explanation of the importance of oversight in the rulemaking process. Then, explain how oversight by Congress might impact administrative agencies, agency heads, and/or the rulemaking process. Be specific and use examples to illustrate your explanations.
Note: Should include an in-text Bluebook citation, if referencing cases, as well as a citation in the reference list. Support your response using the Learning Resources and other scholarly resources. View the list of the types of resources below.
Readings
- Kerwin, C. M., & Furlong, S. R. (2010). Rulemaking: How government agencies write law and make policy (4th ed.). Washington, DC: CQ Press.
- Chapter 6, “Oversight of Rulemaking
- Harrell, R. W. (2015). The Contract Clause of the Constitution and the need for “pass any…law” rehabilitation in the age of delegation. George Mason Law Review, 22(5), 1317–1348. Retrieved from http://www.georgemasonlawreview.org/wp-content/uploads/22_5_Harrell.pdf
- Kennedy, J. B. (2015). “‘Do this! Do that!’ and nothing will happen”: Executive orders and bureaucratic responsiveness. American Politics Research, 43(1), 59–82.
- West, W. F. (2015). The administrative presidency as reactive oversight: Implications for positive and normative theory. Public Administration Review, 75(4), 523–533.
Optional Resources
- The Deputy Attorney General. (2015). U.S. Department of Justice memorandum. Retrieved fromhttps://www.justice.gov/dag/file/769036/download
