77 Pages Posted: 18 Mar 2017 Last revised: 24 Aug 2017
Date Written: March 7, 2017
More than one hundred executive departments and agencies operate through systems of regional offices strategically located around the country. Currently, these regions are misguidedly viewed as mere enforcers and implementers of central policies. We propose two alternative visions of federal regions—regions as mediators and regions as coordinators. These two visions have deep roots in the rich but forgotten history of American public administration. In the New Deal era, federal regions were understood as mediating entities between the central government’s centralizing efforts, and regional unique needs and conditions. With the expansion of federal programs and agencies in the 1950s and 1960s, federal regions were gradually reconceived as vehicles for coordination among the different branches of the administration as well as between the federal governments and the states. Since the 1980s, however, federal regions were seen as part of the oversized federal government and were thus mistrusted and their role confined to mere enforcers.
This Article calls for a revival of federal regions as mediators and coordinators. It argues that when they live up to their potential, regions inject a much needed dose of democracy into the bureaucracy, improve the coordination among federal departments and agencies, and serve as a powerful check on presidential overreach. As mediators, federal regions mediate between central headquarters on the one hand, and state and local governments on the other hand. Their proximity to the states and regulated populations and industries enables regional offices to counter the democratic deficit that plagues American bureaucracy. Relatively insulated from Washington and state partisan politics, regional officials fuse their expertise with principled politics, and can avoid ceding to the will of the President or his appointees. Our model of federal regions as coordinators envisions them as entities that coordinate among the different departments, agencies, states and localities that operate within their territories.
The Article argues that our innovative understanding of federal regions gives rise to a promising alternative to both the centralizing-national vision and the state-centered vision of American federalism. To support this vision, we propose a set of legal doctrines and principles that, combined, constitute a new field of administrative law, what we call “the law of federal regions.” Included among these doctrines are broad subdelegation of powers to regions; greater judicial deference to regional policies and decision-making; and intergovernmental consultation and redelegation at the regional level.
Keywords: regionalism, federal regions, federalism, administrative law, subdelegation of powers, decentralization
Suggested Citation: Suggested Citation
Blank, Yishai and Rosen-Zvi, Issachar, Reviving Federal Regions (March 7, 2017). Stanford Law Review, Vol. 70 (2018 Forthcoming). Available at SSRN: https://ssrn.com/abstract=2934481