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[4] [5] Legislation is produced by elected officials, but is implemented by unelected bureaucrats, who sometimes act under their own preferences or interests. [1] [2] [6] Bureaucratic drift is often treated as a principal–agent problem, with Congress and the Presidency acting as principals and bureaucracy acting as the agent. The government ...
Alexander Bickel, a law professor at Yale Law School, coined the term counter-majoritarian difficulty in his 1962 book, The Least Dangerous Branch.He used the term to describe the argument that judicial review is illegitimate because it allows unelected judges to overrule the lawmaking of elected representatives and thus to undermine the will of the majority.
Most modern rulemaking authorities have a common law tradition or a specific basic law that essentially regulates the regulators, subjecting the rulemaking process to standards of due process, transparency, and public participation. In the United States, the governing law for federal rulemaking is the Administrative Procedure Act of 1946 ...
In political science, it is the subset of positive political theory that studies self-interested agents (voters, politicians, bureaucrats) and their interactions, which can be represented in a number of ways—using (for example) standard constrained utility maximization, game theory, or decision theory. [1]
Bureaucracy (/ b j ʊəˈr ɒ k r ə s i /; bure-OK-rə-see) is a system of organization where decisions are made by a body of non-elected officials. [1] Historically, a bureaucracy was a government administration managed by departments staffed with non-elected officials. [2]
Oversight is an implied rather than an enumerated power under the U.S. Constitution. [2] The government's charter does not explicitly grant Congress the authority to conduct inquiries or investigations of the executive, to have access to records or materials held by the executive, or to issue subpoenas for documents or testimony from the executive.
A law in 1967 abolished all at-large elections (when representatives are chosen by voters in the entire state rather than an electoral district) except in less populous states entitled to only one Representative. [5] Nevertheless, congresspersons in office, or incumbents, have strong advantages over challengers. [6]
Humphrey's was distinguished in Seila Law LLC v. Consumer Financial Protection Bureau (2020) [ 4 ] in which Chief Justice Roberts narrowly construed Humphrey's [ 5 ] to stand for the proposition that the President's removal power may be constrained by Congress if the officer in question was a member of an agency that shared the same ...