Agency Statutory Interpretation and Policymaking Form
Stack, Kevin M.
:
2009
Abstract
In this short symposium contribution, I take up this invitation to examine the relevance of the agency's policymaking form to its approach to statutory interpretation.
The core point I wish to advance is a relatively basic one--namely,
that an agency's approach to statutory interpretation is in part a function of
the policymaking form through which it acts. My strategy is to examine
two of the most important policymaking forms--notice-and-comment rulemaking
and formal adjudication--and to argue that the considerations that
distinguish agency and judicial interpretation have a markedly different
place in these two agency policymaking forms.
For purposes of exposition,
I focus on two dimensions that distinguish agency and judicial statutory
interpretation: (1) the role of political influence in general, and presidential
direction in particular; and (2) the role of internal management constraints,
and considerations of budget in particular.
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