The final exam questions are below. You must answer all three questions in word processed form
(3 - 5 pp. double spaced for each question).
1. Cornelius Kerwin concludes his study of rulemaking with the following observation, "Through the rulemaking process pass the sum and substance of the hopes and fears of our democratic nation." (p. 179) Explain what he means by this assertion. Be certain to discuss the place of rulemaking in the policy process and the inherent tension between rulemaking and the values of our democratic nation. Where appropriate, cite specific court decisions that bear on how rulemaking operates.
2. Compare and contrast rulemaking under Section 553 (Notice and Comment) and Sections 554 and 556 (Formal Adjudication). What are the advantages and disadvantages of each, both from the perspective of the regulatory agency and the public interest. Be sure to use specific examples to illustrate the differences.
3. How important/effective is judicial review of rulemaking and agency behavior in insuring accountability? Considering the Supreme Court's decisions in Motor Vehicle Manufacturers Association v. State Farm Mutual, Citizens to Preserve Overton Park, Inc. v. Volpe, Chevron, USA v. Natural Resources Defense Council, and Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, what is the balance in rulemaking between judicial review and agency discretion?