Hos far is it true to state that the bureaucratic state began to displace the administrative state
Answers
Regulation and the Administrative Procedure Act
Agencies of the executive branch issue and enforce many kinds of rules under authority of statutes passed by Congress. Many concern the agencies’ own operations, such as rules governing civilian and military personnel, the procurement of goods and services, the management of parks and prisons, and the administration of border controls and immigration policies. Others set forth the terms of grants and other payments to state and local governments and to private entities. The agencies operate programs for adjudicating disputes under these rules, from immigration applications to defense contracts to Social Security benefits, usually with rights of appeal to independent, Article III courts.
Another category is rules that impose obligations and confer benefits on business firms, organizations, and individuals in their private capacities, independently of any contractual, employment, or beneficiary relationship they may have with the government. It is rules of this sort that constitute the administrative law examined in this article—the domain customarily described as “government regulation.” Regulation includes the writing of rules—“rulemaking,” our primary focus—and several related activities: the policing and enforcement of rules by the agencies that wrote them, by courts, and sometimes by private parties; agency adjudication of disputes under their rules and under statutory law; the granting of licenses and permits for regulated activities such as marketing pharmaceutical drugs and using the electromagnetic spectrum; and the issuance of agency “guidance documents” and “interpretative rules” that do not have the legal authority of formal rules but nevertheless affect the actions of private parties subject to the issuing agency’s authority.