Tag: Congress and the Administrative State

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About a week ago, I ran across a reference to a book entitled [1]1900 – The Last President by Ingersoll Lockwood (published in 1896, it is now in the public domain). So, I bought it on Amazon (there are several editions) and began reading. Uh … you should read this thing. In 2017 it received […]

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In 1994, Republicans won control of the House of Representatives for the first time in 50 years. Upon taking office, Speaker Newt Gingrich and his colleagues undertook major institutional reforms. What do those reforms tell us about conservatives’ modern views of the Constitution’s first branch of government, and how did those reforms affect Congress’s relationship to the President and administrative agencies?

This episode, part of the Gray Center’s “Congress and the Administrative State” conference series, centers around Philip Wallach’s new working paper, “The Revolution That Wasn’t: Conservatives Against Congress, 1981–2018.” He discusses the paper with the Brookings Institution’s Molly Reynolds, and the Gray Center’s Adam White.

Administrative Law scholars think of 1946 as the year that Congress enacted the Administrative Procedure Act. But too often we neglect another major law that Congress enacted in that year: the Legislative Reorganization Act.

The LRA was intended to position Congress for long-term management of the administrative state. But its proponents were disappointed to see major provisions dropped from the final bill, and after its enactment the LRA generally failed to live up to its framers’ expectations. How can the LRA inform debates about Congress today? And how should the LRA help us to understand the 1946 Congress’s goals for the APA itself?