The Structure of American Law: Executing Policy

Abstract This chapter examines the executive branch and the role of administrative law. It begins with a history of the rise of federal and state agencies as well as more recent attempts to reduce the size and scope of the administrative state. Next, it lays out a typology of administrative bodies, classifying them by subject matter and structure, and looks at the long-standing issue of agency capture. Finally, the chapter examines how courts and legislatures exert control over administrative agencies, including an extended discussion of the Supreme Court’s recent skepticism of the administrative state, the major questions doctrine, and the rise and fall of Chevron deference.