When Lawmakers Don't Make the Laws (State Government Edition)
Oct 8, 2023
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This podcast discusses the lack of democratic accountability and the power of bureaucrats in state governments. It highlights the tactics federal agencies use to undermine lawmakers and the concerns of state legislators. The importance of educating legislators and governors about holding regulatory agencies accountable is also emphasized.
Bureaucrats in state governments often obstruct positive reforms by raising questions and stalling legislative processes.
Granting governors more control over agencies can help restore democratic accountability in state governments.
Deep dives
Federal government's shift from democratic accountability
The federal government has significantly moved away from democratic accountability, as evidenced by the prevalence of regulations enacted compared to laws passed by Congress. A recent study revealed that for every one law, there are 20 regulations implemented. This gives bureaucrats, including long-serving career officials, substantial control over policy-making. State governments face similar challenges, with bureaucrats often obstructing positive reforms by raising enough questions and stalling legislative processes, particularly in part-time legislatures. The lack of accountability is further exacerbated by practices like deference, which grants agencies undue power, and agencies utilizing fiscal notes to undermine legislation without overtly opposing it.
Ensuring accountability and control at the state level
State lawmakers across the country, including in states like Texas, have experienced a loss of control in setting policy due to bureaucratic interference. State agencies strategically employ fiscal notes to prevent legislation from progressing, undermining the authority of legislators. To address this issue, it is crucial to educate legislators and governors about their constitutional role as policymakers and to raise awareness of the actions and stances taken by bureaucratic bodies supposedly in their name. Holding governors accountable for the actions of their administration and granting them more control over agencies can help restore democratic accountability. Some governors, such as Doug Ducey, Rhonda Santis, and Governor Youngkin, have issued executive orders requiring all regulations to go through their office, aiding in the oversight of agency actions.
The people who write the rules under which we must live generally ought to be subject to accountability from voters. That's not a controversial proposition, but how it works in practice is more complicated. Daniel Dew of the Pacific Legal Foundation comments.