The Congressional Review of Common Law in the Administrative State
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The magazine, Government Executive, the de facto historian of critical events within the Executive Branch, has published a precedential article on the inner workings of the administrative state via Trump; please see Government Executive Interview on OIRA and Trump.
President Carter signed the Paperwork Reduction Act on December 11, 1980 making it unique in the history of the Presidency in that oversight would be exercised over one component of the administrative state on a daily basis by intervening in its insatiable appetite for more information. It should be noted that this landmark effort was preceded some nine years earlier by another precedential action which gave the President oversight authority over environmental, health and safety regulation, the Nixon Quality of Life Review, which provided the information base for designing process changes championed by the Ford, Carter and Reagan Administrations.
After forty years of existence, the Office of Information and Regulatory Affairs (OIRA) housed in the White House Office of Management and Budget has demonstrated that it is the fulcrum of the administrative state. In the establishment of OIRA the Congress, and subsequently the President, rightfully made one person publicly accountable for the numerous federal regulatory actions taken each day within the Administrative State. That said OIRA is one of the very few institutions that has the President’s back when well intentioned appointees to federal agencies fail to recognize that their actions are often guided by a natural migration toward a silo mentality. It are these actions to which the public holds the President accountable every four years.
CRE has just completed its analysis of the contribution that three professions, economics, law and political science, make to the management of the administrative state. Although select parties in each of the aforementioned professions have made notable contributions to the effective working of the administrative state, we discovered that management improvement is not the long suit of their professions taken as whole. Yes, we use the term “management” because whether or not the administrative state is constitutional it plays a dominant role in society, in part because of the increasing interdependency of its citizenry. Consequently the efforts herein are focused on managing the administrative state — not destroying it. In other words make the best of it.
Headline by CRE
The heightened security steps reflect the rising number of threats against federal judges throughout the country. They also come as leaders of the federal judiciary ask Congress for help ramping up court protection after the attack this summer on the family of New Jersey District Judge Esther Salas. Her 20-year-old son was killed and her husband was critically wounded at their home by an embittered self-proclaimed “anti-feminist” who had filed a case before the judge.