Political policy-making within the bureaucracy is a constantly changing the face within the American government. Previous to the birth of administrative law, elected officials such as legislatures, executives and members of the judicial branch handled these decisions. Roughly, ninety percent of “Laws”, governing our everyday life are not even laws. Rather, these are the products of rule-making for quasi-judicial, quasi-legislative administrative agencies. Obviously, administrative decisions affect millions of people. Yet, few if any are able to understand what has been branded the fourth branch of government. Some scholars have even concluded that administrative agencies are the headless fourth branch of government, accountable to no one. These are the major concerns of Theodore J. Lowi, brought to the table in his classic political science book, The End of Liberalism. Among these Lowi says governmental growth is an outcome of a constantly complexity of society. This growth of government has led us to the birth of administrative agencies which are unable to plan for the future. Perhaps, Lowi was right, and that’s why agency regulation is retro-active as opposed to pro-active. Despite this harsh criticism, administrative branches have forged ahead tackling tough issues. In, Smoking and Politics, authors A. Lee Frischlet and James M. Hoelfer examine the federal restrictions and guidelines brought forth my government agencies on corporate tobacco. Through this examination one is able to see the inter-workings of administrative law and the creature of agency policy making. As recent as the early 1900’s when medicinal evidence suggested a positive relationship between smoking and health related illness. Few however, played much attention to the findings previous to the 1950’s. When information was released to the public in 1939, tobacco companies found ways to discredit, and silence the public ...
