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- Title
CONGRESS AND THE EXECUTIVE: CHALLENGING THE ANTI-REGULATORY NARRATIVE.
- Authors
Revesz, Richard L.
- Abstract
Recently, critics of the administrative state have been urging Congress to reassert itself and rein in regulatory action that they maintain is both undesirable as a matter of policy and in violation of constitutional principles. This anti-regulatory position is unwarranted. While regulatory agencies have indeed been more active in recent decades--in part due to increasing gridlock in Congress--the resulting regulatory actions produced large net benefits to the American people and were carried out pursuant to authority delegated by Congress and reviewed by the courts. By contrast, more robust action by Congress, as long as Congress continues to exhibit its current pathologies, is unlikely to be beneficial. Furthermore, in a troubling development, the Trump Administration has turned away from cost-benefit analysis in order to carry out its anti-regulatory agenda, disregarding an established bipartisan consensus that stretched back several decades.
- Subjects
UNITED States; ENVIRONMENTAL law; ENVIRONMENTAL policy; DELEGATION of authority; CONSENSUS (Social sciences); GOVERNMENT regulation
- Publication
Michigan State Law Review, 2018, Vol 2018, Issue 4, p795
- ISSN
2693-1206
- Publication type
Article