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Administrative state

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What are the five pillars of the administrative state?

Ballotpedia's five pillars of the administrative state provide a framework for understanding the authority, influence, and actions of administrative agencies, as well as the policies and arguments surrounding them. The five pillars focus on the control of administrative agencies related to the (1) legislative, (2) executive, and (3) judicial branches of government, (4) the public, and (5) other agencies or sub-agencies.

What is the administrative state?
The administrative state refers to executive branch agencies at both the state and federal levels that are staffed by unelected officials. These agencies have the authority to create, interpret, and enforce regulations. Specifically, they:

  • Create binding regulations by interpreting and implementing laws passed by legislatures.
  • Adjudicate disputes through administrative hearings, where agency officials often serve as judges.
  • Enforce compliance by conducting investigations, issuing fines, and taking other regulatory actions.

Why does it matter?
The administrative state plays a central role in modern governance, as agencies exercise executive, legislative, and judicial powers through rulemaking, enforcement, and adjudication. These functions give agencies significant influence over how laws are implemented and interpreted, shaping the balance of power among the three branches of government.

What are the key arguments?
Supporters of the administrative state argue that agencies are necessary for managing complex policy issues, applying specialized knowledge, and ensuring government responsiveness. They contend that the structure allows for efficient and effective governance.

Opponents argue that the administrative state consolidates legislative, executive, and judicial functions within agencies, bypassing traditional checks and balances. Critics say this concentration of power undermines congressional authority and democratic accountability, advocating for reforms to limit agency discretion and increase oversight.

What’s the background?
The administrative state expanded significantly in the 20th century as Congress delegated authority to agencies to regulate industries and enforce federal laws. Court rulings and legislative actions have shaped the scope of agency power, with ongoing debates over the proper limits of administrative authority.

Dive deeper
This article contains the following sections:

The five pillars of the administrative state
Ballotpedia’s five pillars are key to understanding the main areas of debate about the nature and scope of administrative agency action:

  • Agency control
    Concerns the interplay between agencies and sub-agencies, including how agencies oversee, coordinate, and delegate authority within their structures.
    Read more
  • Executive control
    Concerns the interplay between agencies and the executive branch, focusing on how presidents, governors, and other executive officials oversee and influence agency actions.
    Read more
  • Judicial control
    Concerns the interplay between agencies and the courts, examining how judicial review affects agency actions and how courts interpret agency regulations and decisions.
    Read more
  • Legislative control
    Concerns the interplay between agencies and the legislative branch, including how lawmakers create, oversee, and constrain administrative agencies.
    Read more
  • Public control
    Concerns how agencies relate to the people and organizations subject to their rules, focusing on due process and public participation in the regulatory process.
    Read more



Timeline of the administrative state

See also: Key points in development of the administrative state
  • The Age of Enlightenment (18th century)

    Enlightenment ideas emphasizing reason and societal improvement influenced the American and French Revolutions, laying philosophical groundwork for the administrative state.[1][2]

  • The Progressive Era (1890-1920)

    Rapid industrialization and urban challenges led to the rise of expert-led regulatory agencies like the Interstate Commerce Commission and reforms such as the Pure Food and Drug Act. President Woodrow Wilson (D) pushed for a separate administration led by experts, while major legislation like the Federal Reserve Act (1913) shaped the evolving administrative state.[3][4][5][6][7]

  • The New Deal (1933-1939)

    The Great Depression prompted President Franklin D. Roosevelt's (D) creation of New Deal programs, expanding the administrative state with agencies like the Securities and Exchange Commission, the National Labor Relations Board, and the Federal Communications Commission, marking a significant shift toward federal oversight.[3][4]

  • The second wave (1964-2016)

    The Great Society and later bipartisan initiatives created new agencies like the Environmental Protection Agency, the Consumer Product Safety Commission, and the Occupational Safety and Health Administration, with regulatory growth continuing through the late 20th and early 21st centuries. The modern administrative state includes hundreds of executive and independent agencies, with federal regulatory output reaching record levels.[3][8][9][10]

  • The modern era (2017-present)

    The administrative state became a central political issue during President Donald Trump's (R) first administration (2017–2021), which brought renewed scrutiny and criticism of federal regulatory power into the mainstream. His administration emphasized deregulation through executive orders, regulatory rollbacks, and appointments aimed at reshaping agencies from within. President Joe Biden (D), in contrast, expanded regulatory activity, particularly in areas such as environmental policy, labor, and healthcare. In his second term beginning in 2025, President Trump renewed efforts to reduce the size and scope of the administrative state. He created the Department of Government Efficiency (DOGE) to modernize federal operations and streamline government functions, while also using it to dismantle or consolidate numerous agencies.[11][12][13][14][15][16]

Five pillars of the administrative state

Administrative State
Administrative State Icon Gold.png
Five Pillars of the Administrative State
•Agency control
• Executive control
• Judicial control
•Legislative control
• Public Control
Click here for more coverage of the administrative state on Ballotpedia.
Click here to access Ballotpedia's administrative state legislation tracker.

Ballotpedia’s five pillars of the administrative state offer a framework for understanding how administrative agencies operate, the scope of their authority and influence, and the key policies and debates that shape and challenge them.

Agency control of the administrative state

See also: Agency control of the administrative state

Agency control examines how administrative agencies manage internal authority while carrying out their core functions—writing rules, enforcing them, and resolving disputes. This includes how agencies delegate responsibilities to sub-units, maintain internal oversight, and coordinate across complex organizational structures. These arrangements shape how agencies operate and how they are held accountable.

A current issue in this area is the role of the Department of Government Efficiency (DOGE), created by executive order in 2025 through the reorganization of the U.S. Digital Service. Though not established by Congress, DOGE plays a growing role in coordinating cross-agency efficiency initiatives. Its expanding influence has raised questions about how authority is delegated within the executive branch and how non-legislative entities like DOGE are held accountable when shaping or guiding agency operations.

  • Major court cases related to agency control
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  • Key terms related to agency control
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  • Reform proposals related to agency control
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  • Major arguments about agency control
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Executive control of the administrative state

See also: Executive control of the administrative state

Executive control examines how the executive branch influences administrative agencies. This includes appointing and removing agency leaders, issuing executive orders, and using centralized review processes to shape agency action. These mechanisms allow the executive to align agency work with broader policy goals, though their reach depends on whether an agency is considered executive or independent.

A current issue at the federal level is the role of the Office of Information and Regulatory Affairs (OIRA), which reviews major agency rules before they take effect. Supporters say OIRA promotes coordination and accountability; critics argue it can delay or politicize agency decisions, raising questions about how much control the president should exert over regulatory outcomes.

  • Major court cases related to executive control
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  • Key terms related to executive control
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  • Reform proposals related to executive control
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  • Major arguments about executive control
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Judicial control of the administrative state

See also: Judicial control of the administrative state

Judicial control examines how courts oversee agency actions through judicial review and judicial deference. Judicial review allows courts to assess whether agencies have acted within the bounds of their legal authority and followed proper procedures. Judicial deference, in contrast, involves courts deferring to an agency’s reasonable interpretation of an ambiguous statute.

A current issue in this area is the future of Chevron deference—the longstanding doctrine that courts should defer to agency interpretations when laws are unclear. Critics argue it gives agencies too much latitude to expand their power, while supporters say it respects agency expertise and legislative intent. The U.S. Supreme Court is reconsidering this approach in Loper Bright Enterprises v. Raimondo, a case that could reshape the balance between judicial and agency authority.

  • Major court cases related to judicial control
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  • Key terms related to judicial control
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  • Reform proposals related to judicial control
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  • Major arguments about judicial control
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Legislative control of the administrative state

See also: Legislative control of the administrative state

Legislative control examines how lawmakers oversee and shape the work of administrative agencies. This includes passing the laws that grant agencies their powers, setting budgets, confirming key officials, and conducting oversight through hearings or investigations. These mechanisms allow legislatures to guide policy implementation and check agency authority.

A current issue in this area is the growing interest in requiring legislative approval of significant agency rules. Tools like legislative review acts have been used to reverse recently adopted regulations, while proposals modeled on the REINS Act would require lawmakers to approve major rules before they take effect. Supporters say these measures enhance accountability; critics warn they could politicize or delay regulatory action.

  • Major court cases related to legislative control
    Read more
  • Key terms related to legislative control
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  • Reform proposals related to legislative control
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  • Major arguments about legislative control
    Read more


Public control of the administrative state

See also: Public control of the administrative state

Public control examines how individuals and groups engage with administrative agencies and hold them accountable. This includes rights to due process in agency proceedings, participation in rulemaking through public comments, and access to agency records and meetings. These mechanisms are designed to promote transparency and public input in regulatory decisions.

A current issue in this area is the rollback of notice-and-comment procedures for certain rules. The current administration has allowed agencies to bypass these public participation requirements more frequently, citing the need for speed or flexibility. Supporters argue this streamlines government action; critics warn it reduces transparency and limits the public’s ability to influence policies that affect them.

  • Major court cases related to public control
    Read more
  • Key terms related to public control
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  • Reform proposals related to public control
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  • Major arguments about public control
    Read more


Key terms related to the administrative state

See also: Glossary of administrative state terms

This section defines the core terms essential for understanding the administrative state, including agency regulations, legal frameworks, and oversight mechanisms.

  • Administrative law judge: the presiding judge in a federal administrative hearing. An ALJ serves as both the judge and the jury in an administrative hearing, similar to the role of a judge in a civil bench trial.[17]  
  • Administrative Procedure Act: a federal law passed in 1946 establishing uniform procedures for federal agencies to propose and issue regulations.[18]  
  • Adjudication: agency determinations outside of the rulemaking process that aim to resolve disputes between either agencies and private parties or between two private parties. The adjudication process results in the issuance of an adjudicative order, which serves to settle the dispute and, in some cases, may set agency policy.[19][20]  
  • Chevron deference (doctrine): an administrative law principle that compelled federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer. Chevron was overturned by the Supreme Court on June 28, 2024.  
  • Congressional Review Act: a federal law passed in 1996 creating a review period during which Congress, by passing a joint resolution that is then signed by the president, can overturn new agency rules and block agencies from creating similar rules in the future.[21]  
  • Enabling statute: legislation that confers new powers on an entity or permits something that was previously prohibited or not allowed.[22][23][24] In the context of administrative law, an enabling statute establishes the powers and responsibilities of a government agency.[25]  
  • Federal Register: a legal newspaper published every federal working day by the National Archives and Records Administration (NARA) and the Government Publishing Office (GPO).[26]  
  • Final rule: a federal administrative regulation that advanced through the proposed rule and public comment stages of the rulemaking process and is published in the Federal Register with a scheduled effective date.
  • Independent federal agency: a term used to describe a federal agency that operates with some degree of autonomy from the executive branch.[27][9]
  • Judicial review: the power to interpret the laws and overturn any law or government action inconsistent with the United States Constitution.  
  • Nondelegation doctrine: a principle in constitutional and administrative law that holds that Congress cannot delegate its legislative powers to executive agencies or private entities.
  • Notice of proposed rulemaking: a preliminary version of a prospective federal agency regulation.
  • Office of Information and Regulatory Affairs: responsible for reviewing and coordinating what it deems all significant regulatory actions made by federal agencies.[28]
  • Office of Management and Budget: executive agency formed in 1970 to oversee federal agencies and executive branch operations, and coordinating and reviewing agency regulations.[29]
  • Regulatory review: Processes used by Congress, the president, and the courts to oversee the rules, regulations, and other policies issued by federal agencies.
  • Rulemaking: a process that enables federal agencies to amend, repeal, or create an administrative regulation. The most common rulemaking process is informal rulemaking, which solicits written public feedback on proposed rules during a comment period.
  • Standing: a legal doctrine applied by Article III courts to determine whether a prospective plaintiff in a case has suffered a legal injury as the result of an action by the defendant.[30][31]

Federal departments and agencies

See also: Agencies and offices of the administrative state

The U.S. executive government consists of 15 federal departments and more than 400 agencies, including some independent agencies, all responsible for managing the day-to-day operations of the federal government. Each department oversees a variety of agencies that focus on specific areas, ranging from industry regulation to service provision and ensuring compliance with federal laws. This section outlines the major U.S. departments and their associated agencies as of March 18, 2025.

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Administrative state tracking

This section highlights Ballotpedia’s tracking of the administrative state, including the 50-state survey of Administrative Procedure Acts, changes to the Federal Register, completed OIRA reviews of federal agency rules, the Checks and Balances monthly newsletter, federal agency rules repealed under the Congressional Review Act, and presidential executive orders related to the administrative state.


  • 50-state survey of the Administrative Procedures Acts
    Ballotpedia's series of 50-state surveys of the Administrative Procedures Act, which examine the five pillars to the administrative state at the state level.
    Read more
  • Changes to the Federal Register
    This page tracks the number of federal administrative agency documents and total pages added to the Federal Register on a weekly basis.
    Read more
  • Completed OIRA review of federal administrative agency rules
    This page tracks the Office of Information and Regulatory Affairs' (OIRA) completed reviews of administrative rules from 2017 to 2024.
    Read more
  • Checks and Balances
    A monthly email newsletter featuring highlights from Ballotpedia's administrative state coverage.
    Read more
  • Federal agency rules repealed under the Congressional Review Act
    This page shows all of the rules repealed under the Congressional Review Act.
    Read more
  • Executive orders related to the administrative state
    This page lists presidential executive orders related to the administrative state.
    Read more
  • Administrative state legislation tracker
    A centralized hub to help you navigate the landscape of administrative state legislation across all 50 states.
    Read more


Recent legislation related to the administrative state

See also: Ballotpedia's Administrative State Legislation Tracker

Ballotpedia’s Administrative State Legislation Tracker monitors proposed and enacted legislation related to the administrative state in all 50 states and Congress for 2024 and 2025. The tracker includes daily updates and plain-language summaries of bills addressing topics such as rulemaking, judicial review, agency structure, and more. To view the legislation in Ballotpedia's Administrative State legislation tracker and explore by bill status, provision details, sponsors, and more click here.

Enacted legislation related to the administrative state

The following map and table show enacted state legislation in 2025 related to the administrative state.​ To find out more about these bills, click here.[32]

Scroll through the table below and click on each bill to see details. Click here to view the legislation in Ballotpedia's Administrative State legislation tracker and explore by bill status, provision details, sponsors, and more.

Reform proposals related to the administrative state


Major arguments for and against expanding the administrative state

Scholars and observers have debated whether government agencies should have more or less authority and influence in policymaking and implementation. The following sections summarize key arguments made by those who support giving agencies more power and those who advocate reducing it. These arguments touch on issues of accountability, regulatory burden, efficiency, and the proper role of agencies in governance. For a taxonomy of arguments about the nature and scope of the administrative state, click here.

Arguments for expanding agency authority

Supporters of a more influential role for agencies argue that agencies are well-positioned to carry out complex government functions, such as administering social services, managing infrastructure programs, and enforcing health, safety, and environmental regulations. They contend that agencies develop specialized knowledge that enables them to craft more effective, responsive, and technically sound policies than legislatures or executives working alone. From this perspective, agency-led regulation allows for consistent and efficient implementation of broad policy goals and can help governments respond flexibly to emerging issues and complex challenges. Proponents often see agencies as essential to delivering public services and protecting the public interest in a modern regulatory state.

Arguments for limiting agency authority

Those who argue for reducing agency power focus on concerns about accountability, regulatory overreach, and the long-term burden of expanding agency rulemaking. Critics claim that agencies often operate with limited oversight, making decisions that significantly affect individuals, businesses, and local governments without sufficient transparency or democratic input. They argue that concentrating policymaking authority in administrative agencies undermines public control and increases the risk of bureaucratic overreach. Over time, the cumulative effect of agency regulations can impose substantial compliance costs, stifle innovation, and limit individual and economic freedoms. These critics call for scaling back agency influence in favor of more direct control by elected lawmakers and clearer limits on the scope of agency action.

Specific arguments about the administrative state


Overviews of the administrative state

This section provides overviews of key administrative state topics, each separated by specific subject areas.

Overviews of The Administrative State Project‎ (1 C, 13 P)
State overview for administrative state policies‎ (1 P)
Administrative State Bibliography
Administrative State Index
Agencies and offices of the administrative state
Concepts, terms, and definitions related to the administrative state
Court cases and lawsuits related to the administrative state
Executive orders related to the administrative state
Glossary of administrative state terms
Key points in development of the administrative state
Laws, statutes, and bills related to the administrative state
Quotes about the administrative state
Scholarly work related to the administrative state
State legislative activity that increases regulatory oversight over agency rulemaking
Support and opposition to the administrative state

See also

External links

v • e
The Administrative State
MainThe Administrative State Project Badge.png
Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
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  1. ↑ Stanford Encyclopedia of Philosophy, "Enlightenment," August 29, 2017
  2. ↑ Tackett, T. (2015). The Coming of the Terror in the French Revolution. Cambridge, MA: Harvard University Press. (page 2)
  3. ↑ 3.0 3.1 3.2 The Heritage Foundation, "From Administrative State to Constitutional Government," accessed September 28, 2017
  4. ↑ 4.0 4.1 Harvard Law Review, "The Rise of the Regulatory State," June 2003
  5. ↑ U.S. Department of Agriculture, "Celebrating 100 Years of FMIA," accessed September 28, 2017
  6. ↑ "History, Art, & Archives—U.S. House of Representatives, "The Pure Food and Drug Act," accessed September 28, 2017
  7. ↑ "National Archives", "Document for January 16th: An Act to regulate and improve the civil service of the United States (Pendleton Act), January 16, 1883," accessed September 28, 2017
  8. ↑ National Affairs, "The Regulatory State," Summer 2012
  9. ↑ 9.0 9.1 Administrative Conference of the United States, "Sourcebook of United States Executive Agencies," May 2013
  10. ↑ JUSTIA, "Legislative Agencies," accessed October 12, 2017
  11. ↑ Trump White House Archives, "President Donald J. Trump is Delivering on Deregulation," accessed April 30, 2025
  12. ↑ White House, "President Biden’s Agenda for Building Back Better," accessed April 30, 2025
  13. ↑ Brookings Institution, "The Administrative State Under Siege," March 2023
  14. ↑ The Heritage Foundation, "How the Administrative State Got to This Point," October 2022
  15. ↑ Wall Street Journal, "Trump Creates Department of Government Efficiency in Renewed Push to Rein in Bureaucracy," January 22, 2025
  16. ↑ The White House, "Establishing and Implementing the President's Department of Government Efficiency", January 20, 2025
  17. ↑ JUSTIA, "Administrative Hearings," accessed July 21, 2017
  18. ↑ The Regulatory Group, "Regulatory Glossary," accessed August 4, 2017
  19. ↑ Washington and Lee Law Review, "Agency Adjudication, the Importance of Facts, and the Limitations of Labels," March 1, 2000
  20. ↑ Administrative Conference of the United States, "Informal Agency Adjudication, Committee on Adjudication, Proposed Recommendation for Committee," October 20, 2016
  21. ↑ Smithsonian Magazine, "What Is the Congressional Review Act?" February 10, 2017
  22. ↑ US Legal, "Enabling Statute Law and Legal Definition," accessed August 13, 2017
  23. ↑ Merriam-Webster, "Enabling statute," accessed August 13, 2017
  24. ↑ Oxford Reference, "Enabling statute," accessed August 13, 2017
  25. ↑ Intelligence Law, "Lesson 4: Statutory Law," 2012
  26. ↑ National Archives and Records Administration, "About the Federal Register," accessed July 13, 2017
  27. ↑ Breger, Marshall J. and Edles, Gary J. (2015). Independent Agencies in the United States: Law, Structure, and Politics New York, New York: Oxford University Press. (pages 1-7)
  28. ↑ Office of Information and Regulatory Affairs, "Office of Information and Regulatory Affairs," accessed July 18, 2017
  29. ↑ Office of Management and Budget, "The Mission and Structure of the Office of Management and Budget," archived December 19, 2016
  30. ↑ Quimbee, "Standing," accessed June 29, 2020
  31. ↑ Ballotpedia Administrative State Legislation Tracker, "Enacted bills, 2025" accessed on April 12, 2025
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