by Jerry Ellig, Richard Williams
Mercatus Center
August 14, 2014
Working Paper Series
Regulatory scholars have identified numerous additional provisions that could strengthen regulatory analysis, review, and oversight. These changes could be implemented either as amendments to the current executive order or, in some cases, as legislation. These two solutions, of course, are not equivalent. Executive orders are instructions from the president to the executive branch agencies about how he wants them to carry out the enforcement of laws, including promulgating regulations. Only presidents can enforce executive orders, and the problems that presidents have controlling the executive branch have been well documented. Alternatively, unless specifically exempted, legislation can be enforced by the judicial branch where anyone with standing can bring suit to force agency compliance.

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