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Divided government and US federal rulemaking

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  • Jason Webb Yackee
  • Susan Webb Yackee

Abstract

Despite paying a great deal of attention to the effects of divided government on legislative outputs, scholars of American politics have surprisingly ignored the potential impact of divided government on bureaucratic regulatory outputs. In this article we argue that divided government should reduce the volume of federal agency rulemaking. We test this hypothesis against a data set covering 21,000 rules from 1983 to 2005. Our study is one of the first to analyze the determinants of federal bureaucratic rulemaking activity across such a long period of time. Our results demonstrate that during periods of divided government, agencies issue fewer rules and fewer substantively significant rules than they do during periods of unified government. These findings suggest that divided government impedes agency rulemaking.

Suggested Citation

  • Jason Webb Yackee & Susan Webb Yackee, 2009. "Divided government and US federal rulemaking," Regulation & Governance, John Wiley & Sons, vol. 3(2), pages 128-144, June.
  • Handle: RePEc:wly:reggov:v:3:y:2009:i:2:p:128-144
    DOI: 10.1111/j.1748-5991.2009.01051.x
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    1. Tsebelis, George, 1999. "Veto Players and Law Production in Parliamentary Democracies: An Empirical Analysis," American Political Science Review, Cambridge University Press, vol. 93(3), pages 591-608, September.
    2. Josep Colomer, 2005. "Policy making in divided government: A pivotal actors model with party discipline," Public Choice, Springer, vol. 125(3), pages 247-269, December.
    3. Binder, Sarah A., 1999. "The Dynamics of Legislative Gridlock, 1947–96," American Political Science Review, Cambridge University Press, vol. 93(3), pages 519-533, September.
    4. Bendor, Jonathan & Moe, Terry M., 1985. "An Adaptive Model of Bureaucratic Politics," American Political Science Review, Cambridge University Press, vol. 79(3), pages 755-774, September.
    5. Josep M. Colomer, 2005. "Policy making in divided government. A pivotal actors model with party discipline," Economics Working Papers 817, Department of Economics and Business, Universitat Pompeu Fabra.
    6. Tsebelis, George, 1995. "Decision Making in Political Systems: Veto Players in Presidentialism, Parliamentarism, Multicameralism and Multipartyism," British Journal of Political Science, Cambridge University Press, vol. 25(3), pages 289-325, July.
    7. Coleman, John J., 1999. "Unified Government, Divided Government, and Party Responsiveness," American Political Science Review, Cambridge University Press, vol. 93(4), pages 821-835, December.
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    Cited by:

    1. Brian D. Feinstein & Jennifer Nou, 2023. "Strategic subdelegation," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(4), pages 746-817, December.
    2. Jisun Youm & Jessica Terman, 2020. "Dynamic Collaboration: The Effects of External Rules and Collaboration Scope on Interlocal Collaboration," Review of Policy Research, Policy Studies Organization, vol. 37(6), pages 823-841, November.

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