Source: Niskanen Center
by Alexander Mechanick
“Policy discourse in the United States today has a split personality. Many condemn how procedural rules thwart not only efforts to build — housing, energy, and more — but more generally keep presidents from achieving their policy ambitions and worsen our ‘vetocracy.’ Yet others lament how presidents are left too free to pursue their policy aims lawlessly or abusively. These concerns are often raised by the same commentators. Even though these discourses are largely about the same topic—the administrative procedures that constrain government action and govern judicial challenges to it — the two have proceeded almost entirely in parallel. The result is a bizarre discourse superposition, where the executive branch is simultaneously excessively and insufficiently constrained.” (05/07/26)