Overview

Congress passes a law: “Make the air clean.” But how? How many parts per million of ozone? Congress doesn’t know. So they create an agency (EPA) to figure it out. Administrative law is the law of the bureaucracy.

Core Idea

Delegation: The Legislature delegates power to the Executive agencies. These agencies are experts (scientists, economists).

Formal Definition (if applicable)

Chevron Deference: A Supreme Court rule (recently overturned/limited) that said courts should defer to the agency’s interpretation of ambiguous laws. “If the law is unclear, let the experts decide.”

Intuition

  • Rulemaking: Agencies write “regulations” that have the force of law. (Notice and Comment: They must publish a draft and let the public complain first).
  • Adjudication: Agencies have their own courts (ALJs) to punish rule-breakers.

Examples

  • FDA: Decides which drugs are safe.
  • FCC: Regulates radio and internet.
  • SEC: Regulates the stock market.

Common Misconceptions

  • “Unelected Bureaucrats.” (True, they aren’t elected, but they are accountable to the President and Congress).
  • “Red Tape.” (Regulations can be annoying, but they also prevent rivers from catching fire).
  • The Administrative State: The “Fourth Branch” of government.
  • Regulatory Capture: When the agency starts serving the industry it’s supposed to regulate (e.g., bankers running the SEC).

Applications

  • Environment: Clean Air Act.
  • Labor: OSHA (Workplace safety).

Criticism / Limitations

Is it democratic? Agencies make huge decisions without a vote.

Further Reading

  • Strauss, Administrative Justice in the United States
  • Lewis, The Fifth Risk