A Process-Based Approach to Presidential Exit

13 Pages Posted: 30 Apr 2018 Last revised: 17 Feb 2019

See all articles by Mark Seidenfeld

Mark Seidenfeld

Florida State University College of Law

Date Written: April 24, 2018

Abstract

This essay is a response to Professors J.B. Ruhl and Jim Salzman articles on “Regulatary Exit” and “Presidential Exit.” Those article suggests that regulators and the President ought to pay more attention to how regulatory programs and relationships end, rather than just focusing on creating programs without any thought to their termination. In making that suggestion, Ruhl and Salzman have in mind primarily substantive criteria for determining when a regulatory relationship between the government and a regulated entity should terminate. This Essay argues that, because of difficulties in specifying substantive exit criteria that serve the goals of a regulatory program, often process-based criteria can more effectively serve such goals. The Essay defines process-based criterial to mean procedural requirements before regulators or the President may act to end regulatory programs, as well as judicial review of actions terminating such programs. The Essay proceeds to point out the Administrative Law provides process based criteria for actions that terminate programs and regulatory relationships, and suggests that Congress should mandate similar constraints on Presidential action pursuant to statutory delegations of presidential authority.

Keywords: Regulation, President, Exit, Judicial Review, Agency Procedures, Executive Orders

Suggested Citation

Seidenfeld, Mark, A Process-Based Approach to Presidential Exit (April 24, 2018). 67 Duke L.J. 1775 (2018); FSU College of Law, Public Law Research Paper No. 875. Available at SSRN: https://ssrn.com/abstract=3168166

Mark Seidenfeld (Contact Author)

Florida State University College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-3059 (Phone)
850-644-5487 (Fax)

HOME PAGE: http://www.law.fsu.edu/faculty/mseidenfeld.html

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