The Unbearable Lightness of the Unitary Executive Theory
A Supreme Court that embraces a powerful executive could aid President Trump’s efforts to eliminate agency independence.
Dictatorship and Accountability
A recent Trump executive order unlawfully undermines the authority of independent agencies.
Toward a “Unitary Executive” Vision of Article II?
The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.
Recruiting and Hiring Agency Attorneys
ACUS recommendations seek to improve the processes for hiring government lawyers.
A Distinction in Agency Design Without a Difference
The Solicitor General says it is constitutionally relevant that one person heads the CFPB, but it is not.
Debating Independent Agencies
The upcoming Supreme Court case challenging the constitutionality of the CFPB highlights modern debates about independent agencies.
Agency Independence Under Egypt’s New Media Law
Recent legislation raises constitutional issues concerning presidential power over independent agencies.
Building Capacity for Economic Analysis at Independent Agencies
Independent agencies should take steps to conduct more thorough economic analysis when writing regulations.
Reining in Technocracy to Increase Democratic Legitimacy
Reducing the power of technocrats will strengthen democratic legitimacy and political stability.
An Empirical Analysis of the Establishment of Independent Agencies
A divided government may not fully explain the creation of agencies not directly controllable by the President.
How Transportation Safety Review Can Play a Role in Regulating Law Enforcement
An agency modeled after the federal transportation safety board could promote safety for the public and police.
Improving the Process of Making Rules at Independent Agencies
Following certain procedural steps will strengthen independent agencies’ rulemaking processes.