Is There a Legal Difference Between Statutes and Rules? [No. 86]

Is a rule passed by an administrative agency essentially the same as a statute passed by Congress?

Professor Gary Lawson outlines the similarities and differences between the procedures of rule-making and legislating. Although rules and laws are promulgated in different ways, the legal force and effect of both are basically the same.

Professor Gary Lawson is the Philip S. Beck Professor of Law at Boston University School of Law.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

[fwcolb]

There is little difference in legal * consequences * between statutes and rules (regulations) because the regulations derive their power from the parent statute. But there can be legal challenges based on (1) the statute being overly broad or vague. And (2) the rules can be challenged for going beyond the power delegated to the rule-making agency.
Under (1) above, a statute could be declared to delegated to the agency too much power, based on the principle that under the Constitution, Congress is the law-making branch. Congress cannot divest itself of its responsibilities by delegating its power to the executive branch. (The separation of powers principle.)
A conservative SCOTUS with a majority of originalists could reduce the rule-making activity of Federal agencies by declaring more statutes to be overly broad if this approach were sustained for decades.
In principle, the US is a common-law jurisdiction, but the Federal Government and its agencies legislate like civil law jurisdictions especially since the New Deal of FDR. The Congress sketches to law in outline and then tell the executive branch agencies to fill in the details. So the US gets one part law and 100 parts regulations.

[noah]

City Mayors and their council are considered an agency since they are incorporated? A mandate is not a law...what is the difference between a mandate and law? Where does the Constitution come in if we are under Uniform Commercial Codes/ Maritime/ Admiralty Law? Do 'rules', mandates, statutes, laws only apply to our corporate fictions? (Name spelled in ALL CAPS) etc, etc

[blueknight]

The agencies have run amok with little to no oversight

[melissaball]

I didn't see the judicial branch in this video...missing one of the most important branches of our government making sure everything is legal and protecting the rights of the people. Also, an agency also has the LIABILITY (BIG WORD) to make sure they are not violating people's rights when making "rules". The hoops means just that... covering their bases and protecting both the interest of the business and the people. Limited Liability is not an excuse for ignorance.

[man-scxk]

Legal is illegal and law is law. It's a constitutional republic not a freaking democracy

[AlexisMarquez-yk]

Statutory Law is one of my subjects during my 1st year in Ateneo Law School ❤

[artsomniacv-logcitybydanie]

Rules and statutes have to be accepted.
A law is supposed to be based on common sense.

[Dani-ELmaninnoboxes]

How caN congress do this during a time of emergency

[jjbotha]

A good video. Just a pity for the distracting music

[dazzh]

turn down the dang background music LOL

[DaCheapChimp]

We call it "The Aristocrats"😂😂😂😂😂

[tcalip]

The violaters of Alameda County who has purposely violated the steps of the law and deprived Someone of the law under the Color of Law is facing a variety of imprisonments including the death penalty. The President and the Congress is fully aware of these serious offenses that resulted in my medical health being compromised and my younger Son being abused. The President and the Congress has violated the actions to enforce this law in Alameda County. No One can pretend to have authority that they do not have over this law. I have encouraged Everyone in Alameda County that are sick and tired of troublemakers to join in the fight with me to indict these extremely reckless and deceptive agitators. Thanks for sharing

[dustinhedden]

Agency Rulemaking is far more efficient and it I'd more accountable to the public.

[blueknight]

The agencies have run amok with little to no oversight