Article by Kenneth Culp Davis
Rulemaking of all executive departments and agencies, but not of independent agencies, has been drawn under control of the President. Executive Order No. 12,291, 46 Fed. Reg. 13193 (1981), established an elaborate system for presidential control of rules and regulations, major and minor, issued by executive departments and agencies. The power to review such rules is exercised by a staff of about ninety in the Office of Management and Budget (OMB), under the supervision of the Director, subject to the direction of the Task Force, which is headed by the Vice President and composed mainly of cabinet officers. Proposed rules, final rules, and regulatory impact analyses are reviewed by OMB under the Task Force's direction. The President has thus assumed full power to control the content of rules issued by executive departments and agencies.
About the Author
Kenneth Culp Davis. Professor of Law, University of San Diego; John P. Wilson Professor Emeritus, University of Chicago; A.B. 1931, Whitman College; LL.B. 1934, Harvard University; LL.D. 1971, Whitman College.
Citation
56 Tul. L. Rev. 849 (1982)