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Publication Rules In The Rulemaking Spectrum: Assuring Proper Respect For An Essential Element, Peter L. Strauss
Publication Rules In The Rulemaking Spectrum: Assuring Proper Respect For An Essential Element, Peter L. Strauss
Faculty Scholarship
Imagine a visitor who seeks to catalog the variety of written texts American government uses to communicate its powers and its citizens' rights and obligations. She might organize those texts into the following pyramid:
• A Constitution, adopted by "the people"
• Hundreds of statutes, adopted by an elected Congress
• Thousands of regulations, adopted by politically responsible executive officials
• Tens of thousands of interpretations and other guidance documents, issued by responsible bureaus
• Countless advice letters, press releases, and other statements of understanding, generated by individual bureaucrats
On inquiry she would find that we understand passably well the …