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Chapter 6

PADP 6490 Chapter Notes - Chapter 6: Divided Government


Department
Public Administration and Policy
Course Code
PADP 6490
Professor
Martinez
Chapter
6

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PADP 6490 Administrative Law
Martinez, Fall 2019
Require Reading 6, Part II!
Yackee, J.W., and Yackee, S.W. 2009. “Divided Government and U.S. Federal Rulemaking.”
Regulation & Governance 3(2): 128-144.
argue “divided government should reduce the volume of federal agency fuel making”
Theoretical Foundations
-good reason to expect divided government to reduce legislative & agency outputs
(1) relatively direct causal path if Congress passes fewer substantively
meaningful laws, agencies receive fewer legislative commands or authorizations
to regulate
(2) less direct path if agencies are less able to reliably determine which
discretionary regulatory activities will be acceptable to all relevant political
principals, more likely to avoid risk of embarrassment & costly rebukes
Results divided government is associated with lower rule production
-focus on "notice and comment” rule making of US federal agencies
-dividid government is significant & negatively associated with the issuance of notices of
proposed rule making & of final rules
-divided government significantly & negatively impacts the promulgation of significant
rules
-are the effects of divided government on agency behavior dependent on formal location
within a Cabinet-level department (proximity to executive control)?
(a) divided government is significant and negative for Cabinet governments (cabinet
departments propose & promulgate fewer rules under divided gov’t than unified)
(b) divided government is insignificant for non-Cabinet departments (non-Cabinet
departments remain relatively unaffected)
Limitations
(1) analysis is only a single case study future research would benefit from cross-
national perspective
(2) focus on divided government lacks theoretical nuance of alternative constructs
future research would benefit from inclusion of other determinants of rule production
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