Most of the federal rules that touch daily life were never voted on by Congress.
Congress passes laws. Federal agencies then write the regulations that fill in the details, from workplace safety standards to how veterans’ benefits are processed. These regulations carry the force of law. In a typical year, agencies publish thousands of final rules, while Congress enacts a few hundred laws.
The Constitution does not mention agencies writing rules. The authority comes from Congress, which delegates it through statutes. The process agencies must follow comes mainly from one law: the Administrative Procedure Act of 1946 (APA).
The Notice-and-Comment Process
- 1. Authority. Congress passes a law giving an agency power to act in an area
- 2. Proposed rule. The agency publishes a Notice of Proposed Rulemaking in the Federal Register, explaining what it wants to do and why
- 3. Public comment. Anyone may submit comments, usually for 30 to 60 days, at Regulations.gov
- 4. Final rule. The agency must consider significant comments and respond to them when it publishes the final rule
- 5. Codification. The rule is added to the Code of Federal Regulations (CFR)
Checks on Agency Rules
- Congress can overturn a rule under the Congressional Review Act with a joint resolution signed by the President, or simply change the underlying law
- Courts can strike down rules that exceed the agency’s authority or are “arbitrary and capricious.” In Loper Bright Enterprises v. Raimondo (2024), the Supreme Court ended the practice of deferring to an agency’s reading of an ambiguous statute, known as Chevron deference, so courts now decide for themselves what the law means
- The President oversees executive agencies, and significant rules are reviewed by the Office of Information and Regulatory Affairs
How to Comment Effectively
- Find the proposed rule on Regulations.gov and note the docket number
- Be specific: say what you support or oppose and why
- Explain how the rule would affect you, your family, your business or your community
- Offer evidence or data, and suggest alternatives
- Submit before the deadline. Agencies are not required to consider late comments
A thoughtful comment from someone directly affected can carry more weight than thousands of identical form letters. This is one of the most direct ways a citizen can shape federal policy, and few people use it.
Keep Digging With Truth Agent
This article is a starting point. Truth Agent puts the public record at your fingertips, including the Constitution, federal law, regulations, court opinions and oversight reports, so you can search the Federal Register, read proposed rules and track the regulations that affect you without relying on anyone’s summary, including ours.
