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Critical Reflections on Hamiltonian Perspectives on Rule‐Making and Legislative Proposal Initiatives by the Chief Executive
Author(s) -
Newbold Stephanie P.,
Rosenbloom David H.
Publication year - 2007
Publication title -
public administration review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 2.721
H-Index - 139
eISSN - 1540-6210
pISSN - 0033-3352
DOI - 10.1111/j.1540-6210.2007.00796.x
Subject(s) - legislature , administrative law , political science , separation of powers , executive branch , law , action (physics) , public administration , field (mathematics) , state (computer science) , state action , law and economics , sociology , computer science , doctrine , physics , mathematics , algorithm , quantum mechanics , pure mathematics
Reflecting on James Hart and Edwin Witte’s analysis affords the field a rare opportunity to observe the complexities of a separation‐of‐powers system in action. In making their case, they underscored the importance of the president having a substantial supervisory role in the way administrative agencies write rules and propose legislative measures. As a result, they ignored Congress’s constitutional responsibility to supervise, regulate, and guide these areas of administrative law. Their highly controversial arguments not only provide the field with a broader understanding of the overall mission of the Brownlow Committee, but also we can see how they influenced the development of the administrative state.