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Taxonomy of arguments about agency dynamics

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What are the five pillars of the administrative state?

Ballotpedia's five pillars of the administrative state provide a framework for understanding the authority, influence, and actions of administrative agencies, as well as the policies and arguments surrounding them. The five pillars focus on the control of administrative agencies related to the (1) legislative, (2) executive, and (3) judicial branches of government, (4) the public, and (5) other agencies or sub-agencies.

Five Pillars of the Administrative State
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Agency control

Court cases
Major arguments
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Judicial control
Executive control
Legislative control
Public control

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This page contains the main arguments related to agency control of the administrative state.

The appropriate degree of control over administrative agencies is a subject of debate within the administrative state. Disagreement centers on the qualifications of agency employees, the relationship between agencies and the constitutional order, the requirements imposed by the Administrative Procedure Act, and the mechanisms for ensuring political accountability. These debates are commonly organized into four areas: arguments related to agency employee qualifications, arguments related to agency interaction with the constitutional order, arguments related to the Administrative Procedure Act, and arguments related to agency political accountability.

Arguments related to agency employee qualifications

Click the arrow (▼) in the list below to see claims under each argument.

1. Argument: Agency expertise strengthens public policy

2. Argument: Agency expertise contributes to regulatory stagnation

3. Argument: Administrative judges lack the expertise to preside over adjudication

4. Argument: Administrative judges' expertise meets the demand for adjudicative roles


Arguments related to agency interaction with the constitutional order

Click the arrow (▼) in the list below to see claims under each argument.

1. Argument: Agency adjudication violates the separation of powers

2. Argument: Agency adjudication does not violate the separation of powers


Arguments related to the Administrative Procedure Act

Click the arrow (▼) in the list below to see claims under each argument.

1. Argument: Informal procedures are insufficient to govern agency action

2. Argument: Informal procedures are sufficient to govern agency action

3. Argument: The Administrative Procedure Act is out of date and should be modernized

4. Argument: The Administrative Procedure Act should be resuscitated and agencies should revive formal procedures

5. Argument: Agency theory and practice should align


Arguments related to agency political accountability

Click the arrow (▼) in the list below to see claims under each argument.

1. Argument: Agencies are accountable to the executive and legislative branches

2. Argument: Agencies engage in constitutional interpretation without oversight by the political branches

3. Argument: Agencies operate outside of the bounds of political control

4. Argument: Independent agencies are politically accountable

5. Argument: Independent agencies are unconstitutionally insulated from control by the elected executive



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