As a result, Congress has increasingly "Delegated" its power to make laws to administrative agencies.
Congress passes vaguely worded laws that define lofty, uncontroversial goals like "Keep all workers safe" and leaves the specifics to the so-called "Administrative state" of career "Experts." I tell my law school students that it is virtually impossible for a polluter to violate the Clean Air Act because that statute, like most other statutes passed since World War II, consists primarily of directives to administrative officials to make rules on one topic or another.
In recent years, administrative agencies have found a way around even these modest requirements of the Administrative Procedure Act by issuing "Guidance" rather than "Rules." Guidance documents are administrative edicts that do not even go through the minimal notice and comment procedures for making notice and comment rules.
Be honest, now: how many of you even knew that CMS existed, much less that it had promulgated 37,000 little laws dictating every detail of how Medicare reimbursements are paid? And CMS is better than many agencies in that at least some of its key guidance documents are made available on its website.
These secret rules made by agencies without any public input are allowed to be the sole property of insiders who know how agencies interpret and apply their rules.
On its first day in office, the Biden administration revoked that Trump executive order, thereby reinstating the previous system under which agencies are permitted to keep their guidance documents secret from those who are supposed to abide by them.
The Biden administration never really explained its reasons for revoking such a simple and obviously good government measure as making guidance documents available equally to all.
https://spectator.org/biden-revives-secret-laws-that-crush-everyday-americans/
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