Backdoor Lawmaking: Evading Obstacles in the US Congress

Civics textbooks focus on how Congress makes policy, but members of Congress have limited opportunities to advance their policy priorities due to bicameralism, partisan gridlock, chamber procedures, leadership's control of the agenda, and the diverse interests of 534 other members. This book reveals how members of Congress use the federal bureaucracy as a backdoor for policymaking, with more law being made by unelected bureaucrats through federal agency regulations than by congressional statute. Lawmakers overcome obstacles by substituting agency regulations for legislation and pressuring agencies to make policy changes that would not pass Congress.

Format: Paperback / softback
Length: 296 pages
Publication date: 28 September 2023
Publisher: Oxford University Press Inc

Civics textbooks often focus on the legislative process through which Congress makes policy, but the reality is that members of Congress have limited opportunities to advance their policy priorities. In fact, less than five percent of the bills introduced in Congress become law. Even the most tenacious legislators face numerous challenges, including bicameralism, partisan gridlock, chamber procedures, leadership's control of the agenda, and the diverse interests of 534 other members of Congress.

Lawmakers have developed various strategies to navigate these challenges. In this book, Melinda N. Ritchie explores how members of Congress use the federal bureaucracy as a backdoor for policymaking. Today, more law in the United States is made by unelected bureaucrats through federal agency regulations than through congressional statutes. Ritchie argues that the bureaucracy's growing role in policymaking offers lawmakers a discreet way to represent controversial interests outside of the formal constraints of Congress.

Lawmakers overcome obstacles in the legislative process by substituting agency regulations for legislation and pressuring agencies to make policy changes that would not pass Congress. Drawing on an original dataset constructed from records obtained under the Freedom of Information Act, Ritchie traces the interactions between members of Congress and federal agencies to illustrate how these communications function as part of a lawmaker's overarching strategy for policymaking.

Backdoor Lawmaking is an original and timely book that explains how members of Congress exploit the separation of powers and evade the lawmaking process established in the US Constitution. It sheds light on a lesser-known aspect of policymaking and provides valuable insights into the ways in which lawmakers navigate the complex political landscape to achieve their goals.

Weight: 398g
Dimension: 156 x 236 x 18 (mm)
ISBN-13: 9780197670491