Key Facts
Composition of the Administrative State
The administrative state refers to the federal agencies, regulators, and rule makers who collectively and routinely exercise powers that exceed their statutory authority.
Growth of the Administrative State
As we regulate more economic activity, these federal agencies grow powerful and take an ever-larger role in day-to-day governance.
Power of the Administrative State
From environmental policy to the Internet to the exercise of religion, many of the nation’s most significant policy choices and value judgments are now made by unelected regulators and bureaucrats, not Congress. Federal agencies have become the government’s predominant lawmakers and policymakers.
Lack of Answerability
The purpose of federal agencies is to help the government administer and enforce the law. But in modern times, the “administrative state” has expanded so much that these federal agencies wield immense power and broad discretion, with little accountability, oversight, or constitutional authority.
Congress: Reasserting It's Authority
Reining in the administrative state will require Congress to reassert its constitutional authority as the branch that authorizes and confers powers on agencies.
Judges: Limiting the Administrative State Power
In order to rein in the administrative state, judges also have to be more skeptical of an agency’s interpretation of laws – especially when the agency fails to consult with the individuals, businesses, and other stakeholders affected by its regulations.