December 1977 · National edition

The Nation

A Clearer Reading of Federal Agency Rulemaking

A The Nation desk reading of federal agency rulemaking, filed 1977-12.

From the file. Written for the paper dated December 1977. Opened in the public stacks July 14, 2026.

As the nation grapples with the complexities of federal agency rulemaking, it becomes increasingly clear that critical elements often fall through the cracks of briefings and public discourse.

View from Fourth Street of the front entrance and marble columns of the Alaska State Capitol as it appeared in the early-mid 1970s.
View from Fourth Street of the front entrance and marble columns of the Alaska State Capitol as it appeared in the early-mid 1970s. Photo: Elaine B. Mitchell (editor) via Wikimedia Commons

The Process Under Scrutiny

Federal agencies wield considerable power in shaping the regulatory framework that governs our daily lives. However, the process by which these rules are crafted and implemented is rife with ambiguities and omissions. It is essential to dissect how these procedures not only affect policy outcomes but also reveal the inherent biases of the system.

The rulemaking process typically involves a series of steps, including notice-and-comment periods, where the public is invited to provide input on proposed regulations. Yet, this process is often opaque, with many citizens unaware of how to participate meaningfully. The result? A regulatory environment that serves the interests of those who are already well-connected, while sidelining the voices of ordinary Americans.

Amy Carter and Jimmy Carter participate in a speed reading course at the White House.
Amy Carter and Jimmy Carter participate in a speed reading course at the White House. Photo: National Archives
"The rulemaking process serves the interests of those who are already well-connected."

The Left's Overreach

On one side of the political spectrum, the left has been accused of overreaching in its regulatory ambitions, often championing initiatives that, while noble in intent, can lead to excessive bureaucracy and stifling control. Recent proposals aimed at enhancing environmental protections and labor rights, although well-intentioned, may inadvertently complicate the regulatory landscape to the point of confusion. The result is a situation where small businesses and hardworking Americans find themselves bogged down by an avalanche of regulations that can be difficult to navigate.

While it is commendable to strive for social justice and environmental sustainability, it is equally important to consider the practical implications of such regulations. A balance must be struck, where the drive for progress does not result in an unmanageable regulatory burden for those it aims to help.

The Right's Resistance

Conversely, the right's approach to federal agency rulemaking has often been characterized by a staunch resistance to regulation. This ideological stance frequently results in an undermining of necessary protections and a rollback of safeguards that have taken years to establish. The current administration's efforts to deregulate entire sectors of the economy pose significant risks to both public health and safety.

Critics argue that the right's insistence on minimizing government intervention can lead to a lack of accountability for industries that may prioritize profit over the welfare of the public. The backlash against regulations designed to protect consumers and the environment demonstrates a troubling trend: the prioritization of corporate interests over the common good.

The Need for Transparency

What is strikingly absent from the conversation surrounding federal agency rulemaking is a genuine commitment to transparency. The public deserves to know not only the content of proposed regulations but also the motivations and influences behind them. The lack of transparency can lead to a prevailing sense of distrust in government institutions, as citizens feel alienated from a process that significantly impacts their lives.

It is imperative that both sides of the political spectrum recognize the importance of fostering an inclusive environment where citizens can engage meaningfully in the regulatory process. This requires a concerted effort to demystify the rulemaking process, ensuring that all voices are heard, and that regulations are crafted with the input of those most affected.

Finding Common Ground

The challenge lies in finding common ground between the left and right. Instead of viewing regulation as an obstacle, both parties must acknowledge its role as a necessary framework that protects the public while allowing for economic growth. Collaborative efforts to refine and streamline the rulemaking process could yield regulations that are effective without being overly burdensome.

Engagement from both sides can foster a more balanced approach to rulemaking that prioritizes the welfare of all citizens. By focusing on transparency and inclusivity, we can begin to bridge the divide that has characterized federal agency rulemaking in recent years.


Conclusion

In conclusion, as we dissect the intricacies of federal agency rulemaking, it becomes apparent that both the left and right have room for improvement. By addressing the shortcomings of the current system, we can work towards a regulatory framework that genuinely serves the interests of all Americans. The path forward requires a collaborative spirit, a commitment to transparency, and an understanding that regulation, when done correctly, can be a force for good.

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