Administrative Procedure Act (1946)

1) Link to the Text of the Act
Read the statute (5 U.S.C. §§ 551–559, 701–706)

2) Why It Was Done
Passed in the aftermath of the New Deal, the APA established a uniform process for federal agency rulemaking, adjudication, and judicial review, ensuring agencies operate with transparency and accountability.

3) Pre-existing Law or Constitutional Rights
Before the APA, agencies exercised broad, often unchecked authority. The Act codified due process principles for administrative action, grounded in the Fifth Amendment, and created standards for court review of agency decisions.

4) Overreach or Proper Role?
Supporters argue the APA is essential to balance agency power with public participation and judicial oversight. Critics say the framework has been weakened over time by broad judicial deference (Chevron doctrine) and agency overreach.

5) Who or What It Controls

• Federal agencies (rulemaking, adjudication, and decision-making)
• Courts (standards for reviewing agency actions)
• Citizens & businesses (given rights to notice, comment, and challenge regulations)

6) Key Sections / Citations

• 5 U.S.C. § 553: Rulemaking procedures (notice-and-comment)
• 5 U.S.C. § 554–557: Adjudications and hearings
• 5 U.S.C. § 701–706: Judicial review of agency actions

7) Recent Changes or Live Controversies

• Chevron deference (1984) gave agencies broad interpretive power; the Supreme Court may now revisit or overturn it.
• Debates continue over the “major questions doctrine”, limiting agency authority on issues of vast economic and political significance.
• Still the backbone of administrative and regulatory law today.

8) Official Sources

• Congress.gov – Administrative Procedure Act 1946
• U.S. Code – 5 U.S.C. §§ 551–559, 701–706
• Department of Justice – DOJ APA Overview

• Administrative Law
• Federal Agencies
• Regulation
• Judicial Review
• Due Process