American legal system

Question

1. Name 3 manners in which laws in the United States are formed
2. Are rules and regulations created without any opportunity for input from the public?

Answer 1

The federal rule-making process includes a period for public comment. However, it is unusual for agencies to get comments from the general public; mostly this is an opportunity for lobbyists to weigh in. However, if there is a big public campaign by some interest group around a proposed regulation, there could be many public comments. Here's a website explaining the federal rule making process: https://www.regulations.gov/learn

There are also federal agency employees (members of the executive branch) who exercise a quasi-judicial authority and can set precedent for others to follow (including the court system, sometimes). These include consuls and CIS adjudicators in immigration matters, tax court judges, and a variety of regulators.

We are very familiar with the federal courts' power to overrule laws passed by Congress and signed by the president as unconstitutional - this is not exactly legislating, but it is a form of veto on legislation. Judges will sometimes act as regulators, particularly when implementing a very complex decision. An example would be the school desegregation cases during the civil rights era: federal judges would have years-long executive responsibilities for overseeing the management of school districts that were being forced to desegregate.

Answer 2

Back room deals in "smoke filled rooms" where there's "log rolling" or compromises to get reluctant representatives to vote for what they otherwise would never vote for.

Huge bills, that no one reads, as it's too long to read yet get passed, which often conceal items that no one really wanted, and that the public never knows about until the legislation is executed.

"emergency" legislation, that gets passed due to some "emergency" requiring immediate remedies. Passage of the bill and its contents are unknown until the bill becomes law and its effects are felt.

executive orders or edicts, which are often a surprise to everyone except the executive who issued the orders.

Supreme Court rulings that often surprise everyone, except maybe the litigants who argued the cases. Even the litigants may be surprised. A criminal defense attorney once complained about a California court ruling that went in his favor. He disparaged the Court for believing his arguments. The Court said maybe he should find another line of work. Court rulings do not accept public input or polls as to public opinion.