An Anti–New Dealer Legacy: The Administrative Procedure Act

Abstract

The Administrative Procedure Act of 1946 (APA) has been sorely neglected in the history of the relationship of the political actors to the administrative state. There is no full account of the history of the APA, yet there is an increasing need for such a history. There is a growing literature paying renewed attention to the importance of administrative procedures in the politics of the administrative state (McCubbins and Schwartz 1984; McCubbins, Noll, and Weingast 1987, 1989; Moe 1989; Hill and Brazier 1991; Farber 1992; Mashaw 1990; and Bawn 1995). With all this attention being given to the importance of administrative procedure, it is about time to examine the history of the act that established the minimum standards of administrative procedure. The act regulates the procedures for adjudication, access to, disclosure of, and publication of agency information, licensing, rule-making, investigations, tenure of administrative law judges, and judicial review of agency action. Standard accounts of the APA's legislative history such as Galloway's (1946) have conveyed the impression that the APA was a noncontroversial, consensual piece of legislation that provided much-needed reform of federal administrative procedures. The actual history of this act involved a prolonged battle among the bureaucracy, the judiciary, the presidency, the legislature, and interest groups for political advantage in the administrative state that had been created by the New Deal and World War II.