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History

Procedural Due Process in Administrative Agency Rulemaking

Quick fact

The Supreme Court has held that agencies must provide notice and an opportunity for public comment before issuing binding rules, even though the Constitution's Due Process Clause does not explicitly mention rulemaking procedures.

Why this is interesting

When an agency issues a new rule, it can affect your life—from the water you drink to the air you breathe. But how does the government ensure that such rules are fair and not arbitrary?