section1introductiontotheregulatory.docVIP

SECTION 1: INTRODUCTION TO THE REGULATORY ADMINISTRATIVE STATE Historical Overview of the rise of regulation The basic legal framework of an agency What is an agency? 14 Executive Cabinet Departments (i.e. defense, labor, justice, state) Positions created by the President (i.e. director of EPA, of homeland security) Where do agencies originate? Organic Statutes Congress has the power to create agencies under the Constitution Agencies create regulations + rules according to their mandate from the organic statute. Why are they created? Why are agencies involved? Gov’t can’t force companies to act but can use regulations to influence market Agencies get info to public, to encourage good practices; Also, gov’t pays for public programs / help for many so wants to encourage good decisions Agencies have more expertise Congress pushes off controversial decisions to be less accountable Who influences the agency decision? Lobbying Groups – i.e. snack foods association, sugar association Industry / Companies How do outsiders influence agency decisions? Information → Briefs / memos Money → Studies to prove what they want; contribute to campaigns Benefits of Agencies Congress has limited resources so agencies help to cover the wealth of topics Expertise / competence centralized for better decisions Congress makes fewer choices b/w interests and pushes blame to agencies Congress can’t act as quickly in passing laws as agencies can w/ rules The rise of the administrative state Early History Common law → private ppl. sued each other; regulation done by state courts w/ writs Minimal federal governance beyond agriculture + foreign affairs. The Progressive Era → ↑ Industrialism + huge companies / conglomerates so fed’l rules needed 1887 – Interstate Commerce Commission est. to deal w/ railroads 1914 – Federal Trade Commission established to deal w/ big corporations Companies wanted more bright line rules b/w what they could and could not do Independent commissions are “clearl