Bureaucrats as Lawmakers

In: Legislative studies quarterly, Volume 47, Issue 1, p. 257-289

Abstract

Bureaucratic influence in policymaking is often described as occurring subsequent to the legislative process and scholars argue that the legislative branch strategically constrains the bureaucracy via statutory language. A reality which complicates these claims and separation of powers research is that bureaucrats frequently play a role in creating the laws which ultimately govern their behavior. This project examines the extent to which bureaucrats attempt to and succeed in securing their preferred statutory language. I track bills introduced at bureaucrats' request across 11 state legislatures. Legislatures extensively draw from agencies' expertise in forming the agenda and crafting session law, with 9% of introduced bills and 21% of law coming from bureaucrats. A difference‐in‐differences analysis shows that committee chairs and legislators in the majority introduce more administration‐initiated bills. Bureaucrats' extensive involvement in crafting statutory law and increased use in less professional legislatures imply that extant statutory control studies miss an important interaction.