Rulemaking Theater: How the Administrative Procedure Act Became a Shield for the Bureaucracy It Was Meant to Restrain
The Administrative Procedure Act of 1946 was Congress's attempt to keep the regulatory state honest — a procedural constitution for the unelected bureaucracy. Eight decades later, agencies treat its requirements as suggestions, courts have spent generations deferring to administrative expertise, and elected officials in both parties have quietly decided they prefer it that way. Real reform would require an uncomfortable reckoning with who actually governs America.