Skip to content
Search

Latest Stories

Top Stories

The White House is upending decades of protocol for policy-making

Opinion

President Trump

President Trump's team has either ignored, manipulated or subverted the requirements for analysis and participation on numerous policy actions that range from addressing climate change to the division of waiters' tips, writes Shapiro.

Alex Wong/Getty Images

Shapiro is a professor of planning and public policy at Rutgers University. The Conversation

Whether it's overhauling asylum procedures, adding a question about citizenship to the 2020 Census, or rolling back fuel standards, a pattern has emerged when the Trump administration changes policies and creates new ones.

An announcement is made, media attention follows, the policy is formally proposed and finalized – generating more news coverage along the way. In many cases, judges suspend the new policy as lawsuits work their way through the system. Unusually, the Supreme Court often ends up determining whether the new policy can go into effect.

All presidents since the 1960s have embraced a process known as policy analysis that requires careful consideration and deliberation at every step of the way. In most cases, the public also gets to weigh in before a final decision is made. Based on my research about regulatory decision-making, I've observed a sea change in how Trump's team is dealing with public policy compared to previous administrations.


For the first 150 years of this country's history, Congress, not presidents, decided on policies by enacting laws.

Starting around 1900, lawmakers began to delegate this task to independent agencies, such as the Securities and Exchange Commission, and to government agencies under the president's control. The pace of this shift stepped up during the New Deal, three decades later.

But because this arrangement can empower unelected bureaucrats, questions about accountability arose. Chief among them: Could decisions made by unelected officials that affected millions of people be allowed in a democracy? Requiring public participation and systematic analysis became routine and required for most policy changes as a result.

The mandate for public participation came first.

In 1946, Congress passed the Administrative Procedure Act. It established rulemaking procedures that required agencies creating new policies to alert the public, seek comments, and then consider that input before making most policies final. Many states followed suit with their own versions of this measure.

The environmental, worker safety, and other social movements that arose during the 1960s and early 1970s led Congress to create agencies like the Environmental Protection Agency and the Occupational Safety and Health Administration. Lawmakers then delegated authority to make policy to those new agencies regarding the issues within their purview.

For example, the public pressure for greater automobile safety in the wake of consumer safety activist Ralph Nader's book "Unsafe at Any Speed" prompted Congress to empower the Department of Transportation to more strictly regulate automakers. Scientist Rachel Carson's"Silent Spring," a seminal book that exposed the damage caused by pesticides, expedited the passage of numerous environmental statutes in the U.S. and elsewhere and the creation of the EPA during the Nixon administration.In the wake of these new responsibilities, starting with Gerald Ford, all presidents, Republican and Democratic alike implemented and refined the requirements for analysis and input from the public prior to the unveiling of new policies. The analysis requirement championed by pioneers like Alice Rivlin, who served as President Bill Clinton's budget chief, has led to many successes.

One example is when the EPA decided in the 1980s to require the removal of all lead from gasoline because the analysis of costs and benefits showed how many lives would be saved or improved by its elimination. I relayed another success story in my policy analysis textbook: when the Department of Homeland Security scaled back its proposal for stringent requirements on aircraft repair stations in 2014. The Obama administration took this step after finding the costs to be too high for minimal security benefits.

These mandatory analyses forced agencies to use basic economic principles to calculate costs and benefits and to make the calculations available to the public.

But this approach can also fail, at least partly because it can make decisions seem overly technocratic. That's often the case when values are at stake, such as deciding whether protecting an endangered species is worth increasing the cost of construction and infrastructure projects – or blocking them altogether.

What's more, following the requisite steps can also mean the rule-making process takes not just years but decades. OSHA, for example, has taken decades to issue some rules that protect workers. Its industrial quartz regulations, for instance, reportedly took 45 years to finish. Technically known as crystalline silica, the substance, when finely ground up for manufacturing or blasted during construction, can cause workers to contract silicosis, an incurable lung disease, and lung cancer.

The Trump administration hasn't declared that it's doing anything different. It hasn't, as far as I know, ever declared that "policy analysis is bad" or said, "Let's ignore the public and ignore expertise."

But the public record shows that Trump's team has either ignored, manipulated or subverted the requirements for analysis and participation on numerous policy actions that range from addressing climate change to the division of waiters' tips.

Whether a federal agency analyzes its decisions or asks for public input on them may seem like the ultimate in inside baseball. But processes make a difference. I believe that its failure to follow the long-established policy analysis process is a key reason why Trump administration is losing many court battles.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Read More

Adoption in America Is Declining—The Need Isn’t
man and woman holding hands
Photo by Austin Lowman on Unsplash

Adoption in America Is Declining—The Need Isn’t

Two weeks ago, more than 50 kids gathered at Busch Gardens in Tampa, Florida, not for the roller coasters or the holiday decorations, but to be legally united with their “forever” families.

Events like this happened across the country in November in celebration of National Adoption Month. When President Bill Clinton established the observance in 1995 to celebrate and encourage adoption as “a means for building and strengthening families,” he noted that “much work remains to be done.” Thirty years later, that work has only grown.

Keep ReadingShow less
Adoption in America Is Declining—The Need Isn’t
man and woman holding hands
Photo by Austin Lowman on Unsplash

Adoption in America Is Declining—The Need Isn’t

Two weeks ago, more than 50 kids gathered at Busch Gardens in Tampa, Florida, not for the roller coasters or the holiday decorations, but to be legally united with their “forever” families.

Events like this happened across the country in November in celebration of National Adoption Month. When President Bill Clinton established the observance in 1995 to celebrate and encourage adoption as “a means for building and strengthening families,” he noted that “much work remains to be done.” Thirty years later, that work has only grown.

Keep ReadingShow less
The baking isn’t done only by elected officials. It’s done by citizens​

a view of the capitol building

The baking isn’t done only by elected officials. It’s done by citizens​

In November, eight Senate Democrats voted with Republicans to end the longest government shutdown in history, with little to show for the 43-day closure.

Senator Sheldon Whitehouse (D-RI), who was not one of the eight, told discouraged Democrats, “We need to remember the battle we’re in….[We need to continue the fight] to defend our country from Trump and MAGA. Two things coming up that are really important,” Whitehouse said, “1) In December, there will be a vote on extending the Affordable Care credits we fought for. That gives us…weeks to hammer the Republicans so hard that we actually get a good Affordable Care credits bill.

Keep ReadingShow less
Is Politico's Gerrymandering Poll and Analysis Misleading?
Image generated by IVN staff.

Is Politico's Gerrymandering Poll and Analysis Misleading?

Politico published a story last week under the headline “Poll: Americans don’t just tolerate gerrymandering — they back it.”

Still, a close review of the data shows the poll does not support that conclusion. The poll shows that Americans overwhelmingly prefer either an independent redistricting process or a voter-approved process — not partisan map-drawing without voter approval. This is the exact opposite of the narrative Politico’s headline and article promoted. The numbers Politico relied on to justify its headline came only from a subset of partisans.

Keep ReadingShow less