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The Administrative State Project
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Five Pillars of the Administrative State
• Nondelegation
• Judicial deference
• Executive control
• Procedural rights
• Agency dynamics
Click here for more coverage of the administrative state on Ballotpedia
See also: Changes to the Federal Register

The Federal Register (FR or Fed. Reg.) is a legal newspaper published every federal working day by the National Archives and Records Administration (NARA) and the Government Publishing Office (GPO).[1] Each issue contains both proposed and finalized administrative agency rules and regulations, as well as policy statements and interpretations of existing rules. The newspaper also publishes presidential documents (such as executive orders) and notices of public hearings, grant applications, and administrative orders. It is used by government officials, attorneys, businesses, and other parties interested in the daily legal and administrative activities of the federal government.[1]

In 1936, its first year of publication, the Federal Register contained a total of 2,620 pages. By contrast, 61,950 pages were added in 2017.[2] In April 2018, the GPO announced that it had digitized every issue of the Federal Register published from 1936 to 1994, when the government began publishing the paper in both digital and print forms. The GPO digitized 14,587 daily issues of the Federal Register, totaling nearly two million pages of content. These digital copies have been made available at an online archive.[3]

Background

The Federal Register was created in 1935 by the Federal Register Act in order to centralize and standardize the public release of information about federal government affairs. Its first issue was published on March 14, 1936. The publication was created following legal challenges to the 1933 National Industrial Recovery Act, which, along with other components of President Franklin Roosevelt's New Deal, created executive agencies tasked with regulating industry and the economy. The large number of new regulations, rules, orders, and codes generated during the period made it difficult for government officials, regulated parties, and citizens to stay up-to-date.[4]

Purpose

The official website of the Federal Register describes the publication as "the daily journal of the United States government."[5] The publication is used by government officials, attorneys practicing regulatory or administrative law, businesses and organizations subject to federal regulation, and other parties interested in federal government affairs. According to the National Archives and Records Administration, the Federal Register covers government actions in a wide range of topic areas, including environmental, financial, health, trade, and education policy.[1]

Content

Each issue of the Federal Register has four sections of content:[1]

  • Presidential documents
    • Executive orders and proclamations
  • Rules and regulations
    • Policy statements
    • Interpretations of rules
  • Proposed rules
    • Petitions for rulemaking
  • Notices
    • Public hearings and meetings
    • Grant applications
    • Administrative orders

See also

  • Changes to the Federal Register
  • Historical additions to the Federal Register, 1936-2016

External links

  • FederalRegister.gov
    • Federal Register on Facebook
    • Federal Register on Twitter
  • Complete digital archives of the Federal Reigster:
    • Government Publishing Office
    • GovInfo.gov
  • Federal Register page on the National Archives website
  • Search Google News for this topic

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 National Archives and Records Administration, "About the Federal Register," accessed July 13, 2017
  2. ↑ American Enterprise Institute, "Localism in America," February 2018
  3. ↑ WhatTheyThink, "GPO Completes Digitizing All Issues of the Federal Register," April 12, 2018
  4. ↑ Office of the Federal Register, "A Brief History Commemorating the 70th Anniversary of the Publication of the First Issue of the Federal Register," March 14, 2006
  5. ↑ Federal Register, "Homepage," accessed July 13, 2017

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The Administrative State Project
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

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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 • Pages added monthly to the Federal Register, 1995-2017
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

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