In order for our administrative agencies to be more effective, we ought to require them to use formal rulemaking. To continue to allow agencies to use the informal rulemaking process is to undermine...

In order for our administrative agencies to be more effective, we ought to require them to use formal rulemaking. To continue to allow agencies to use the informal rulemaking process is to undermine the democratic principles that we hold so dear. Representative democracy is based on the notion that our elected officials will represent the views of the people. When the ideas and opinions of the people are not expressed, or are expressed but then ignored, the ideal of representative democracy is not realized. In such instances, our form of government is more like an autocracy because the government is able to rule at its whim free of responsibility to the citizens. Formal rulemaking requires a full public hearing in which the testimony is printed in an official transcript. It also requires the publication of formal findings. These features ensure that the agency will listen to the opinions of the people. Additionally, the printed records of testimony and factual findings guarantee the people an opportunity to make sure that the agency’s reasoning in each decision is sound. Informal rulemaking does not provide this guarantee that the agency’s officials will be responsive to the public’s desires. Informal rulemaking requires only the publication of the proposed rule in the Federal Register. Afterward, interested parties are able to submit written arguments for or against the rule. How can we be sure, however, that the agency will adequately consider this written testimony? If the head of the agency disagrees with what you write, he may tell you that your letter “must have gotten lost in the mail.” Clearly, it is too easy for agency officials to ignore the public in the process of informal rulemaking. Many people argue that we should continue to allow informal rulemaking because it is more convenient for the agencies than formal rulemaking. Well, I suppose it would also be more convenient for the heads of the agencies to make the decision or rule by themselves.

1. What primary ethical value is least important to the author of this essay? Explain.

2. What are some problems with the evidence the author gives to support her arguments? Explain.

3. Give some arguments that are the opposite of those made by the author in this essay. Explain your choices.