Power Without Responsibility

This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending.

Power Without Responsibility

This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.

More Books:

Power Without Responsibility
Language: en
Pages: 276
Authors: David Schoenbrod
Categories: Political Science
Type: BOOK - Published: 2008-10-01 - Publisher: Yale University Press

This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then
Saving Our Environment from Washington
Language: en
Pages: 320
Authors: David Schoenbrod
Categories: Nature
Type: BOOK - Published: 2008-10-01 - Publisher: Yale University Press

Congress empowered the Environmental Protection Agency on the theory that only a national agency that is insulated from accountability to voters could produce the scientifically grounded pollution rules needed to save a careless public from its own filth. In this provocative book, David Schoenbrod explains how his experience as an
Rethinking Democratic Accountability
Language: en
Pages: 317
Authors: Robert D. Behn
Categories: Political Science
Type: BOOK - Published: 2001 - Publisher: Brookings Institution Press

Behn examines the weaknesses in our current systems of accountability for finances, fairness, and performance, and suggests a new model of accountablity for public management.
The Power of Separation
Language: en
Pages: 196
Authors: Jessica Korn
Categories: Law
Type: BOOK - Published: 2020-10-06 - Publisher: Princeton University Press

Jessica Korn challenges the notion that the eighteenth-century principles underlying the American separation of powers system are incompatible with the demands of twentieth-century governance. She demostrates the continuing relevance of these principles by questioning the dominant scholarship on the legislative veto. As a short-cut through constitutional procedure invented in the
America Transformed
Language: en
Pages: 296
Authors: Ronald J. Pestritto
Categories: Political Science
Type: BOOK - Published: 2021-06-08 - Publisher: Encounter Books

The America of the modern administrative state is not the America of the original Constitution. This transformation comes not only from the ordinary course of historical change and development, but also from a radical, new philosophy of government that was imported into the American political tradition by the Progressives of