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11/02/2017

Christopher Walker: Restoring Congress's Role in the Modern Administrative State
Michael Ramsey

Christopher J. Walker (Ohio State University - Michael E. Moritz College of Law) has posted Restoring Congress's Role in the Modern Administrative State (Michigan Law Review, Vol. 116, 2018 forthcoming) on SSRN.  Here is the abstract:

In Congress’s Constitution, Josh Chafetz provides a timely and compelling historical account of the powers Congress possesses to compete with the other branches of government in our separation-of-powers framework. This Review makes two main observations. Particularly in light of the rise of the regulatory state, Part I explains how the toolbox of congressional powers Chafetz assembles can play a critical role in overseeing and influencing federal agency regulatory activities. Part II then offers a word of caution concerning Congress’s use of this toolbox without also passing laws. To restore Congress’s proper role in the modern administrative state, it is not enough for members of Congress to effectively oversee regulatory lawmaking. Congress must regularly legislate — to reauthorize and modernize the statutes that govern federal agencies, to respond to regulatory activity with which Congress disagrees, and to preserve the separation of powers between legislation and regulation.

And here is a link to Josh Chafetz' book Congress's Constitution: Legislative Authority and the Separation of Powers (Yale Univ. Press 2017).