ABSTRACT

Chapter 4 deals with unconventional and even legal “oversight” or unwarranted meddling in the administrative process, as opposed to Chapter 3, which focused on legitimate oversight of agency actions. The chapter involves making a distinction between legitimate versus illegitimate meddling in the administrative process. The chapter covers conflict of interest laws, congressional influence peddling, violations of ex post facto, Bills of Attainder and other meddling in the administrative process that undermines honest administrative behavior. Focus is also on the president’s power to appoint and remove administrative officials with emphasis on court cases that have limited the president’s power to remove independent regulatory officials or those officials who perform quasi-judicial functions.