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by advisedwang
4 days ago
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> Is regulation unregulated in the US? For the most part no. The Administrative Procedures Act outlines a fairly robust process for rulemaking (ie regulations must go through a notice period, must be justified etc) and adjudication (ie per-person decisions must have notice, ability to have counsel, be appealable etc). However there's also lots of authority given to the president (and executive office of the president) to which the APA doesn't apply. This includes powers the constitution gives to the president directly and (mostly emergency) powers congress gives to the president. Sadly political processes and supreme court cases have hugely increases what can be done with this*. Moreover, it's been a frequent pattern (over many decades, but especially under Trump) for the president to simply nakedly overstep their authority. Sometimes there's no push back (see: 9/11); sometimes the damage is done even if it's eventually overruled. Never is there any consequences though, so the pattern repeats. * E.g. The president's control of the military is supposed to be checked by congress deciding when to declare war. However the war powers act has in practice played out to allow the president to unilaterally start wars, especially as the supreme court has stepped in to make the war powers act less effective. |
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