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The Administrative State: Educational Opportunities
Ballotpedia offers many ways to learn about the administrative state. Whether you're a professional wanting to learn more about executive appointment power, a student needing to know the definition of judicial deference, or simply an engaged citizen wanting to understand how the Environmental Protection Agency works, Ballotpedia has got you covered.
Ballotpedia offers the following educational opportunities related to the Administrative State:
- Learning Journeys
Ballotpedia's Learning Journeys are designed to be both easily digestible and tailored to your knowledge and preferences. Each Learning Journey consists of between 3 and 5 emails that walk you through a specific aspect of the administrative state, covering definitions, historical context, and updates on current events.
Learn more and sign up here -> - Expeditions
Expeditions allow you to dive deeply into a pillar of the administrative state. Each Expedition revolves around a single pillar of the Administrative State, which is explored through 3 key scholarly readings and supplemented with videos, reading questions, exclusive expert interviews, and Ballotpedia articles.
Learn more and sign up here -> - Checks and Balances
Checks and Balances is Ballotpedia's free monthly email newsletter dedicated to coverage of the Administrative State. Each issue contains information on federal and state issues we're watching, as well as updates on the Federal Register and monthly features related to the Administrative State.
Subscribe today -> - Administrative state legislation tracker
Ballotpedia's administrative state legislation tracker gives up-to-date information on legislation related to the administrative state and agency authority and influence in all 50 states and Congress.
Vist the tracker -> - The Administrative State: A Primer
Do you want to know more about the administrative state, but you're more of a book person? Our primer on the administrative state will be right up your alley. The book examines the nuts and bolts of each pillar, including the legal fundamentals, and also curates the scholarly arguments in support and opposition, and potential reform proposals. To learn more and download the PDF, click here. - Philip Dru - Administrator Interested in the history of the Administrative State? Check out our publication of Philip Dru: Administrator. Originally published in 1912, Philip Dru explores the burgeoning administrative state through turn of the century utopian fiction.
Available in eBook and paperback. - Article Index
Still need more Administrative State content? Whether you're looking for an introduction to the concept of the Administrative State or a timeline of the development of executive appointment and removal power, we have an article for you. Currently, Ballotpedia maintains over 1,000 articles related to the Administrative State.
Explore the index ->
Administrative State Learning Journeys
The Nondelegation Doctrine
The nondelegation doctrine is a principle of constitutional and administrative law that holds that legislative bodies cannot delegate their legislative powers to executive agencies or private entities. In other words, lawmakers cannot allow others to make law. Over the course of this journey, we’ll take a look at the origins of the nondelegation doctrine, notable milestones in its development, and contemporary arguments supporting and opposing its application.
Chevron Deference
Chevron deference, or Chevron doctrine, is an administrative law principle that compels federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer. This Learning Journey aims to deepen your understanding of this legal doctrine and its contribution to the expansion of the administrative state, guiding you through its nuts and bolts, including its history, application, evolution, leading arguments for and against, and its uncertain future.
Executive Reorganization Authority
Presidential reorganization authority, in the context of administrative law, refers to the president's authority to reorganize the structure and responsibilities of federal agencies. The president has the independent authority to reorganize federal agencies within existing statutory limits. This Learning Journey guides you through the status of those executive reorganization powers, the primary assertions in the debate over the division of authority between Congress and the president, and an overview of reorganization efforts.
Separation of Powers
Separation of powers refers to a system of government that distributes the powers and functions of government among separate and independent entities. In the United States, the federal government is divided into three branches: executive, legislative and judicial. Sign up for our Learning Journey on the separation of powers to understand the relevant constitutional text, the philosophical origins of the principle, its application, and its current challenges.
Executive Authority over Regulatory Review
In federal administrative law, regulatory review refers to processes used by Congress, the president, and the courts to oversee the rules, regulations, and other policies issued by federal agencies. This Learning Journey introduces you to the basics of regulatory review as used by the executive branch as well as to the debate over the appropriate degree of presidential control.
Congressional Review Act
The Congressional Review Act (CRA) is a federal law passed in 1996 that affords Congress a check on the rulemaking activities of federal agencies. The law creates a review period during which Congress, by passing a joint resolution of disapproval later signed by the president, can overturn a new federal agency rule and block the issuing agency from creating a similar rule in the future. Join us on this four-part series reviewing the origins of the act, how it impacts federal rulemaking, instances where Congress has applied the law and the president has vetoed it, and efforts aimed at reforming the CRA.
Ennumerated Powers
Enumerated powers are a foundational principle of the United States Constitution. This Learning Journey guides you through the powers given to Congress and how they relate to the separation of powers between the legislative, executive and judicial branches of the federal government.
Judicial Review
Judicial review refers to the power of courts to interpret the law and overturn any legislative or executive actions that are inconsistent with the law. Join us for this three-part series discussing how the judicial branch interprets the law and has the power to overturn government actions. We'll look at how judicial review influences the administrative state and functions as a theoretical check on executive branch rulemaking activities.
Judicial Deference
In the context of administrative law, judicial deference applies when a federal court yields to an agency's interpretation of a statue. This Learning Journey guides you through the world of judicial deference, including its three major types, notable cases that made use of judicial deference, and arguments for and against its use.
Types of Deference
How many types of judicial deference are there and how do they differ? This Learning Journey guides you through the main deference doctrines and a selection of lesser-known doctrines applied by federal courts when reviewing federal agency actions.
Executive Control
Executive control is one of the five pillars underlying the administrative state. This Learning Journey guides you through the current state of executive control, the various mechanisms by which it is exercised, and the leading arguments in the debate over the appropriate degree of presidential control over executive agencies.
Notable Court Cases Related to Executive Power
Executive control of administrative agencies is one of the five pillars of the administrative state. The president’s authority to appoint and remove top agency officials, such as department secretaries and agency administrators, is an important function for the president to exercise control over the executive branch. This Learning Journey guides you through the judicial cases that have shaped the executive appointment and removal power.
Appointment and removal power
Appointment and removal power, in the context of administrative law, refers to the authority of an executive to appoint and remove officials in the various branches vested in its authority to do so. We are excited for you to join us and deepen your understanding of appointment and removal powers.
The Administrative Procedure Act
The Administrative Procedure Act (APA) is a federal law passed in 1946 that established uniform rulemaking and adjudication procedures for federal agencies. The APA also addresses procedures for policy statements and licenses issued by agencies and provides for judicial review of agency adjudications and other final decisions.
This Learning Journey guides you through the history of the Administrative Procedure Act, its processes, and related debates.
Civil Service
The civil service is made up of individuals other than military personnel who are employed by the federal government. These individuals, also known as civil servants, are sometimes referred to as government bureaucrats or career administrators. In the context of administrative law, a civil servant is a civilian who is employed by a federal administrative agency.
This Learning Journey guides you through the structure and development of the federal civil service, including executive orders issued by President Donald Trump (R) that instituted changes to civil service practices. We also examine contemporary state-level policies that have departed from the traditional federal civil service model.
Due process in the context of the Administrative State
Substantive due process is a legal theory outlining restrictions on the government's ability to infringe upon constitutional liberties. Looking to the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution—which concerns procedural rights, such as a defendant's right to a fair trial—the substantive due process doctrine maintains that basic substantive rights, like freedom of speech and religion, are also protected by the clause. This Learning Journey guides you through procedural due process and describes how it applies in cases of adjudication and administrative lawmaking.
Due process in Administrative Adjudication
Adjudication, in the context of administrative law, is defined by the Administrative Procedure Act as an "agency process for the formulation of an order." Adjudication proceedings include agency determinations outside of the rulemaking process that aim to resolve disputes between either agencies and private parties or between two private parties. Procedural rights address the government's obligation to ensure that legal procedures are carried out in a fair and just manner (e.g., the right to a trial by a jury of one's peers). This Learning Journey will guide you through how these rights are applied in the context of administrative adjudication.
Due process in Administrative Standing
Standing is a legal doctrine applied by Article III courts to determine whether a prospective plaintiff in a case has suffered a legal injury as the result of an action by the defendant. Plaintiffs must first demonstrate standing in order to obtain judicial review of their complaint. This Learning Journey will guide you through administrative standing as well as arguments for and against its broad application.
Due process in the context of judicial review
In this Learning Journey deepen your understanding of due process in the context of judicial review. Judicial review refers to the power of courts to interpret the law and overturn any legislative or executive actions that are inconsistent with the law. Procedural rights address the government's obligation to ensure that legal procedures are carried out in a fair and just manner (e.g., the right to a trial by a jury of one's peers). This Learning Journey will guide you through how these rights are applied when the courts review laws or legislative or executive actions.
Notable court cases concerning procedural due process in the context of the administrative state
Join us as we guide you through court cases that have shaped the scope of procedural due process rights in the context of the administrative state. We'll review court cases that have defined the concept of due process over time as well as that have clarified the scope of liberty and property interests. We will also explore court cases that have shaped the concept of due process in the context of administrative rulemaking, adjudication, enforcement, standing, and judicial review.
What is an Agency?
The American government possesses numerous federal agencies that oversee almost every aspect of life. This Journey will take you through the structure and function of administrative agencies within a constitutional framework as well as debates about agency dynamics at play.
Overview of Agency Dynamics
"Agency dynamics" is a term used to refer to the structure and function of administrative agencies as well as the nuts and bolts of agency functions, including rulemaking and adjudication proceedings. We will guide you through the types of agencies and their functions as well as introduce you to the main areas of discussion and debate around these dynamics.
Agency Dynamics in Adjudication
Adjudication is a quasi trial-like process that aims to resolve regulatory disputes between agencies and private parties or between two private parties. This Learning Journey guides you through one of the main functions of agencies, the adjudication of disputes between agencies, members of the public, and other entities.
Administrative State Expeditions
The Nondelegation Doctrine
The nondelegation doctrine comes from an interpretation of Article I of the United States Constitution. The first section of that article states that all legislative powers granted by the Constitution are vested in Congress. In this Expedition, you’ll have the opportunity to learn why the nondelegation doctrine is so important to constitutional and administrative law scholarship as well as how interpretations of the doctrine differ in the legal community.
Judicial Deference
The U.S. Supreme Court has developed several forms of deference in reviewing agency actions, including Chevron deference, Skidmore deference, and Auer deference. In this Expedition, you’ll learn about different types of deference, how scholars view the intersection of deference and the Constitution, and the different ways judges apply deference in court cases.
Article Index
Learn about every aspect of the Administrative State through the more than 1,000 articles Ballotpedia has written, which include but are not limited to:
- The Five Pillars of the Administrative State
- The Main Themes of the Administrative State
- Arguments for and against aspects of the Administrative State
- Reform proposals related to the Administrative State
- A state by state look at the pillars of the Administrative State on the state level
- Administrative State Agencies
- Scholarly Work Related to the Administrative State
- Court Cases Related to the Administrative State
- Executive Orders Related to the Administrative State
- Federal Administrative Adjudicators
- Influencers related to the Administrative State
- Laws related to the Administrative State
- State Administrative Procedure Acts
- News related to the Administrative State
- Key Terms related to the Administrative State
- Regulatory activity related to the Administrative State
