ABSTRACT

Chapter 3 covers the relationship between Congress and the administrative branch, with a special focus on traditional methods of how to keep public administrators accountable. The various oversight powers are presented and critiqued. Considerable attention is given to how public administrators are held in check by guidance legislation. Primary focus is devoted to the Administrative Procedure Act (APA), which constitutes the main statutory guidance legislation. The main sections of the APA are presented and critiqued, concluding that the APA has its critics, but overall the APA is perceived by legal scholars as a successful piece of legislation that has worked to keep public administrators reasonably accountable to democratic standards of due process. Sunshine and sunset legislation is reviewed. The chapter concludes with an important case that muted patronage politics in favor of merit-based civil service.