The title of this symposium\u2014\u201cAssuring Democratic Accountability in the Administrative State\u201d\u2014poses two challenges. The obvious\u2014and substantive\u2014 challenge that I assume the organizers intended, was to seek ways to achieve <\/i>democratic accountability. The other\u2014the interpretive challenge\u2014however, comes first: What do we mean by \u201cdemocratic accountability?\u201d Exploring democratic accountability in this way is what I want to attempt in this essay.<\/p>\n
Lawmakers have long considered democratic accountability in the administrative state. The Constitution addresses\u2014though hardly resolves\u2014the question by establishing three co-equal branches and endowing each with distinct sources of authority.\u00a0<\/span>One hundred and fifty years later, the Administrative Procedure Act took more direct aim at administrative accountability by establishing procedures to open administrative decision-making to different types of participation.\u00a0<\/span>In recent years, the Supreme Court has focused on presidential control of administrative agencies. With the West Virginia v. EPA <\/i>decision in June 2022, the Court shifted its emphasis from executive accountability to judicial oversight.<\/p>\n <\/p>\n