Five Pillars of the Administrative State
Legislative control
•Court cases •Major arguments •Reform proposals •Scholarly work •Timeline
More pillars
•Agency control •Executive control •Judicial control •Legislative control •Public control
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Legislative control of agencies is one of five pillars used to understand Ballotpedia's coverage of theadministrative state. It focuses on the balance of power between administrative agencies and the legislative branch.

Legislative control is a central concept in the debate over the nature and scope of the administrative state. It includes two primary components: (1) delegation andnondelegation and (2) legislative oversight (including legislative approval and veto requirements). Delegation and nondelegation refer to the extent to which a legislature grants authority to agencies and whether such delegation is constitutionally permissible. Legislative oversight refers to a legislature's ability to monitor, approve, or reject agency actions through mechanisms like theREINS Act, resolutions of disapproval, andlegislative vetoes.

This article includes information about the following topics:

Key terms related to legislative control of the administrative state: This section contains important terms and definitions related to the legislative control of the administrative state.

Key laws and court cases related to legislative control of the administrative state: This section contains important laws and policies related to the legislative control of the administrative state.

• Court cases: This section contains significant court rulings related to the legislative control of the administrative state.
• Federal laws: This section contains key federal policies regarding legislative control of the administrative state.
• State laws: This section contains a 50-state survey of constitutions and administrative procedures acts (APAs) to see how each state approaches legislative control of the administrative state.

Recent legislation related to legislative control of the administrative state: This section tracks recent legislation by states about the legislative control of the administrative state.

Reform proposals related to legislative control of the administrative state: This section contains reform proposals related to the legislative control of the administrative state.

Major arguments about the legislative control of the administrative state: This section contains key arguments about the legislative control of the administrative state.

A timeline of legislative control: This section contains a timeline of significant events related to legislative control of the administrative state.

Scholarly work related to legislative control of administrative agencies: This section contains important legal doctrines related to legislative control of the administrative state.

Key terms related to legislative control of the administrative state

See also:Concepts, terms, and definitions related to the administrative state

This section features a list of significant terms related to legislative control of theadministrative state.

• Thenondelegation doctrine is a principle of constitutional and administrative law that limits the ability of lawmakers to delegate their legislative powers to executive agencies or private entities. In other words, lawmakers are limited in their ability to allow others to carry out laws through regulations, according to the doctrine.

• Alegislative veto is a resolution by a legislative body that invalidates an executive branch action. The legislative veto is distinct from other types of legislative oversight of executive agencies because it does not need an executive signature to invalidate an agency action.

• Themajor questions doctrine, also known as the major rules doctrine, is the federal administrative law principle that the legislature must provide clear authorization to an agency before the agency can issue regulations on matters of economic or political significance.

• Ajoint resolution of disapproval is a measure, introduced and considered by Congress under the terms of theCongressional Review Act of 1996, that overturns a new federal agency rule and blocks the issuing agency from creating similar rules in the future without specific authorization.

• Statutory authority refers to the powers and duties assigned to a government official or agency through legislation. It is also known as a statutory grant of authority.

• REINS-style state laws are state laws that increase legislative oversight of administrative agency rulemaking by requiring legislative approval or review of proposed agency regulations with certain financial or economic impacts before the regulations become effective. They are modeled after a federal legislative proposal called the Regulations from the Executive in Need of Scrutiny Act (REINS Act).

Key laws and court cases related to legislative control of the administrative state

See also:Laws, statutes, and bills related to the administrative state

This section features a list of significant laws and court cases related to legislative control of the administrative state and a 50-state survey related to legislative control.

Court cases related to legislative control of the administrative state

See also:Court cases and lawsuits related to the administrative state

This section contains selectedcourt cases related to legislative control of the administrative state.

• J.W. Hampton Jr. & Company v. United States (1928) is a case decided on April 9, 1928, that concerned the president's exercise of a congressional delegation of authority to adjust tariff rates to protect American business. The Supreme Court affirmed the ruling of the United States Court of Customs Appeals, holding that Congress did not violate the Constitution because the authority and discretion delegated to the president was not legislative in nature.

• A.L.A. Schechter Poultry Corp. v. United States (1935) is a case decided on May 27, 1935, in which the court invalidated Section 3 of the National Industrial Recovery Act of 1933 (NIRA) in violation of thenondelegation doctrine. Schechter—along with Panama Refining Co. v. Ryan— is one of two cases in which the Supreme Court has struck down legislation on nondelegation grounds. The case concerned Congress' delegation of legislative power to the executive branch to administer NIRA as well as the federal government's power to oversee intrastate commerce.

• INS v. Chadha (1983) is a case decided on June 23, 1983, in which the court held that thelegislative veto was an unconstitutional violation of the United States Constitution's separation of powers. The case concerned a legislative veto provision of the Immigration and Nationality Act that permitted one house of Congress to invalidate deportation rulings

• West Virginia v. Environmental Protection Agency (2022) is a case decided on June 30, 2022, in which the court formally invoked the major questions doctrine for the first time to limit the scope of powers granted to the Environmental Protection Agency (EPA) through the Clean Air Act. The court reversed and remanded the decision of the United States Court of Appeals for the District of Columbia Circuit, holding that Congress must provide clear direction to the EPA—rather than a broad delegation of power—in order for the agency to regulate greenhouse gas emissions.

For a full list of court cases related to the administrative state,click here.

Federal laws related to legislative control of the administrative state

This section contains important legal doctrines related to legislative control of the administrative state.

• TheRegulations from the Executive in Need of Scrutiny Act (REINS Act) is a legislative proposal to increase congressional oversight of federal agency rulemaking. It would require legislative approval of major agency rules—defined as those with an annual financial impact of $100 million or more—before such regulations can take effect. The REINS Act seeks to amend the existing Congressional Review Act (CRA), which allows Congress to nullify certain regulations after implementation. The REINS Act would shift this process, requiring preemptive approval by Congress for major rules.

• TheCongressional Review Act (CRA) is a law passed in 1996 that allows Congress to review and reject new federal regulations created by government agencies. Under the CRA, Congress has 60 working days after a rule has been submitted to Congress to introduce a joint resolution of disapproval. If Congress approves the resolution and the president signs it, the targeted rule is nullified.

For a full list of laws related to the administrative state,click here.

State laws related to legislative control of the administrative state

See also:Five pillars of the administrative state: a 50-state survey

A 50-state survey of the administrative state: Each of the 50 states has its own state-level Administrative Procedures Act and, of course, a constitution, several of which have stronger or weaker provisions for empowering or reining in the administrative state at the state level.

The following links contain components of the50-state survey related to legislative control of the administrative state.

• Nondelegation: A 50-state survey
• Nondelegation doctrine: Permissible delegations of state legislative power
• Nondelegation doctrine: State formal rulemaking requirements
• Nondelegation doctrine: State limits on delegation of legislative power to agencies
• Nondelegation doctrine: States with APAs or constitutions that contain separation of powers provisions
• Nondelegation doctrine: States with regulatory review bodies

Recent legislation related to legislative control of the administrative state

See also:Administrative State Legislation Tracker

Ballotpedia’s Administrative State Legislation Tracker identifies proposed and enacted bills in 2024 and 2025 related to the administrative state. This section tracks recent legislation concerning legislative control of the administrative state. To see all proposed legislation related to legislative control,click here.

Ballotpedia has identifiedfive major legislative categories related to legislative control:

• Delegation: These bills concern the legislative delegation of authority to agencies to promulgate rules, or subsequent agency delegations of authority to sub-entities. These bills often limit what the legislature can delegate to agencies.
• Legislative review of agency actions: These bills propose legislative approval or review of agency regulations by a state legislative review committee, often before the rules can take effect. These bills may also create legislative committees tasked with reviewing other agency actions.
• Legislative review of executive actions: These bills propose a mechanism for the state legislature to review or rescind executive orders issued by the governor.
• REINS Act: These bills require state legislative approval of rules with associated costs above a certain monetary threshold.
• Sunset review: These bills create or modify sunset review procedures. Sunset procedures may require a regular schedule for legislative review of agency rules or they may cause a rule to automatically expire at a certain date unless approved by the state legislature to remain in effect.

This map shows all enacted legislation from 2024 or 2025 related to delegation, legislative review of agency actions, legislative review of executive actions, REINS-style state laws, and sunset review. To find out more about these bills,click here.^[1]

Delegation legislation

This legislative approach addressesdelegation. These bills concern the transfer of authority from legislatures to executive agencies, often defining the scope and limits of agency power. To see all proposed legislation related to delegation,click here.

This section listsenacted legislation related to delegation in 2024 and 2025 (click on a bill for more information):^[2]

Legislative review of agency actions legislation

This legislative approach addresses legislative review of agency actions. These bills propose legislative approval or review of agency regulations by a state legislative review committee, often before the rules can take effect. These bills may also create legislative committees tasked with reviewing other agency actions. To see all proposed legislation related to legislative review of agency actions,click here.

This section listsenacted legislation related to legislative review of agency actions in 2024 and 2025 (click on a bill for more information):^[3]

Legislative review of executive actions legislation

This legislative approach addresses legislative review of executive actions. These bills propose a mechanism for the state legislature to review or rescind executive orders issued by the governor. To see all proposed legislation related to legislative review of executive actions,click here.

This section listsenacted legislation related to legislative review of executive actions in 2024 and 2025 (click on a bill for more information):^[4]

REINS-style state legislation

This legislation covers REINS-style state laws—policies that increase legislative oversight of administrative rulemaking by requiring legislative approval or review of proposed agency regulations with certain financial or economic impacts before those regulations can take effect. These laws are modeled after the federalREINS Act (Regulations from the Executive in Need of Scrutiny Act). To see all proposed legislation related to legislative control,click here.

This section lists enacted legislation related to REINS-style state laws in 2024 and 2025 (click on a bill for more information):^[5]

Sunset review legislation

This legislative approach addresses sunset review. Sunset review laws establish periodic evaluations of government agencies, programs, or regulations to determine whether they should be continued, modified, or terminated. To see all proposed legislation related to sunset review,click here.

This section listsenacted legislation related to sunset review in 2024 and 2025 (click on a bill for more information):^[6]

Reform proposals related to legislative control of the administrative state

See also:Reform proposals related to legislative control of the administrative state

Ballotpedia has identifiedfive major types of reform categories related to legislative control:

• Legislative oversight and approval of rules: This reform category focuses on measures that would increase legislative involvement in the rulemaking process, ensuring that the legislature has a say in the creation and approval of regulations.
• Statutory authority and nondelegation doctrine: This reform category focuses on ensuring that legislative authority is clear and that agencies do not exceed their delegated powers.
• Regulatory analysis and economic impact: This reform category focuses on improving the analysis of regulations and ensuring that their economic impact is carefully considered.
• Legislative oversight of regulatory procedures: This reform category addresses how legislatures can assert authority over the transparency, justification, and continued validity of regulatory activity.
• State and local government legislative control: This category includes reforms that strengthen the role of state and local legislatures in overseeing regulatory activity and managing the influence of federal or executive actions on state and local governance.

Major arguments about the legislative control of the administrative state

See also:Taxonomy of arguments about the nondelegation doctrine

This section contains key arguments about the legislative control of the administrative state.

Arguments in favor of the nondelegation doctrine, and against delegation

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

1.Argument: Delegation violates the separation of powers

2.Argument: Delegation undermines public accountability

3.Argument: Delegation is wrong because it is unconstitutional

4.Argument: Delegation violates social compact theory

Arguments against the nondelegation doctrine, and in favor of delegation

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

1.Argument: The Constitution does not explicitly forbid delegating legislative power

2.Argument: Rulemaking is not the same as lawmaking

3.Argument: U.S. Supreme Court has upheld virtually every statute challenged on nondelegation grounds

4.Argument: Agency law rules permit delegation

5.Argument: Increasing complexity of society requires Congress to delegate to do its job

6.Argument: Allowing executive agencies to exercise the discretion legislative delegation confers lets them adjust to unintended consequences

7.Argument: Advocates of the nondelegation doctrine really just oppose expansive federal regulations

8.Argument: Statutes giving open-ended authority to executive or judicial actors are not actually delegations

Line-drawing arguments concerning the nondelegation doctrine

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

1.Argument: Defining legislative authority

2.Argument: Permissible vs. impermissible delegations

A timeline of legislative control

See also:Nondelegation doctrine: A timeline

This section contains a timeline of significant events related to legislative control of the administrative state. For a full timeline related to legislative control, click here.

Scholarly work related to legislative control of administrative agencies

See also:List of scholarly work pertaining to the nondelegation doctrine

This page contains briefs on scholarly works related to legislative control of administrative agencies covered on Ballotpedia. For a list of scholarly work related to legislative control,click here.

Explore more pillars

• Five pillars of the administrative state: Agency control
• Five pillars of the administrative state: Executive control
• Five pillars of the administrative state: Judicial control
• Five pillars of the administrative state: Public control

See also

• Administrative state
• Ballotpedia's administrative state coverage
• Administrative State Index

Footnotes

v • e The Administrative State Main The Administrative State Project main page •Administrative State Project Index •Glossary of administrative state terms •Quotes about the administrative state •Administrative state •Rulemaking •Deference •Adjudication •Nondelegation doctrine •Ballotpedia's administrative state legislation tracker Pillars Agency control •Executive control •Judicial control •Legislative control •Public control Reporting Changes to the Federal Register •Completed OIRA review of federal administrative agency rules •Federal agency rules repealed under the Congressional Review Act •Historical additions to the Federal Register, 1936-2016 Laws Administrative Procedure Act •Antiquities Act •Civil Service Reform Act •Clayton Antitrust Act •Communications Act of 1934 •Congressional Review Act •Electronic Freedom of Information Act •Federal Food, Drug, and Cosmetic Act of 1938 •Federal Housekeeping Statute •Federal Reserve Act •Federal Trade Commission Act of 1914 •Freedom of Information Act •Government in the Sunshine Act •Independent Offices Appropriations Act of 1952 •Information Quality Act •Interstate Commerce Act •National Labor Relations Act •Paperwork Reduction Act •Pendleton Act •Privacy Act of 1974 •Regulatory Flexibility Act •REINS Act •REINS Act (Wisconsin) •Securities Act of 1933 •Securities Exchange Act of 1934 •Sherman Antitrust Act •Small Business Regulatory Enforcement Fairness Act •Truth in Regulating Act •Unfunded Mandates Reform Act Cases Abbott Laboratories v. Gardner •A.L.A. Schechter Poultry Corp. v. United States •Association of Data Processing Service Organizations v. Camp •Auer v. Robbins •Chevron v. Natural Resources Defense Council •Citizens to Preserve Overton Park v. Volpe •Federal Trade Commission (FTC) v. Standard Oil Company of California •Field v. Clark •Food and Drug Administration v. Brown and Williamson Tobacco Corporation •Humphrey's Executor v. United States •Immigration and Naturalization Service (INS) v. Chadha •J.W. Hampton Jr. & Company v. United States •Lucia v. SEC •Marshall v. Barlow's •Massachusetts v. Environmental Protection Agency •Mistretta v. United States •National Federation of Independent Business (NFIB) v. Sebelius •National Labor Relations Board v. Noel Canning Company •National Labor Relations Board v. Sears, Roebuck & Co. •Panama Refining Co. v. Ryan •Securities and Exchange Commission v. Chenery Corporation •Skidmore v. Swift & Co. •United States v. Lopez •United States v. Western Pacific Railroad Co. •Universal Camera Corporation v. National Labor Relations Board •Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council •Wayman v. Southard •Weyerhaeuser Company v. United States Fish and Wildlife Service •Whitman v. American Trucking Associations •Wickard v. Filburn •Wiener v. United States Terms Adjudication (administrative state) •Administrative judge •Administrative law •Administrative law judge •Administrative state •Arbitrary-or-capricious test •Auer deference •Barrier to entry •Bootleggers and Baptists •Chevron deference (doctrine) •Civil servant •Civil service •Code of Federal Regulations •Codify (administrative state) •Comment period •Compliance costs •Congressional Record •Coordination (administrative state) •Deference (administrative state) •Direct and indirect costs (administrative state) •Enabling statute •Ex parte communication (administrative state) •Executive agency •Federal law •Federal Register •Federalism •Final rule •Formal rulemaking •Formalism (law) •Functionalism (law) •Guidance (administrative state) •Hybrid rulemaking •Incorporation by reference •Independent federal agency •Informal rulemaking •Joint resolution of disapproval (administrative state) •Major rule •Negotiated rulemaking •Nondelegation doctrine •OIRA prompt letter •Organic statute •Pragmatism (law) •Precautionary principle •Promulgate •Proposed rule •Publication rulemaking •Regulatory budget •Regulatory capture •Regulatory dark matter •Regulatory impact analysis •Regulatory policy officer •Regulatory reform officer •Regulatory review •Rent seeking •Retrospective regulatory review •Risk assessment (administrative state) •Rulemaking •Separation of powers •Significant regulatory action •Skidmore deference •Statutory authority •Substantive law and procedural law •Sue and settle •Sunset provision •Unified Agenda of Federal Regulatory and Deregulatory Actions •United States Code •United States Statutes at Large Bibliography "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000) "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017) "Constitutionalism after the New Deal" by Cass R. Sunstein (1987) Federalist No. 23 by Alexander Hamilton (1787) "From Administrative State to Constitutional Government" by Joseph Postell (2012) "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002) "Rulemaking as Legislating" by Kathryn Watts (2015) "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016) "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017) "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007) "The Rise and Rise of the Administrative State" by Gary Lawson (1994) "The Study of Administration" by Woodrow Wilson (1887) "The Threat to Liberty" by Steven F. Hayward (2017) "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008) Agencies Administrative Conference of the United States •United States Civil Service Commission •U.S. Government Accountability Office •U.S. Office of Information and Regulatory Affairs •U.S. Office of Management and Budget