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The regulatory state often fails to follow statutory procedures. Using novel data, Daniel Epstein presents a new theory behind this negligence called regulatory pluralism.

Although misinformation is nothing new, the topic has gained prominence in recent years due to widespread circulation of entirely fabricated stories (presented as legitimate news) about broad-interest topics, such as the COVID-19 pandemic, election fraud, civil war, and foreign interference in US presidential elections.

Separation of powers is a core tenet of the U.S. Constitution. The built-in “checks and balances” are intended to prevent one branch of government from exercising enough power to control all government action. However, through rulemaking and adjudication proceedings, executive agencies routinely exercise powers reserved for the legislative and judicial branches of government.