The Schoolhouse Rock! cartoon version of the conventional legislative process is dead, if it was ever an accurate description in the first place. Major policy today is often the product of "unorthodox lawmaking' and "unorthodox rulemaking'-deviations from traditional process marked by frequent use of omnibus bills and multiple agency implementation; emergency statutes and regulations issued without prior comment; outsourcing to lawmaking commissions and unconventional delegates; process shortcuts outside of emergencies; presidential policymaking; and outside drafters, some nonpartisan and others hyperpartisan. These unorthodoxies are everywhere, and they have shifted the balance in the elected branches and beyond, often centralizing power in actors-like party leadership and the White House-not traditionally part of the core lawmaking and rulemaking processes. These unorthodoxies are the new textbook process.
Date of Authorship for this Version
Gluck, Abbe R.; Po, Rosa; and O'Connell, Ann Joseph, "Unorthodox Lawmaking, Unorthodox Rulemaking" (2015). Faculty Scholarship Series. 5179.