In recent years, Republicans have argued that Congress is a more responsible policymaker than the executive branch. But when it comes to regulation, Congress is often much worse, and for just one reason: Executive agencies almost always focus on both costs and benefits, and Congress usually doesn’t.

In recent years, there has been a debate among Republicans about whether Congress or the executive branch makes better policy decisions. One argument suggests that Congress is more responsible because it represents the will of the people more directly. However, according to Cass Sunstein's observation, when it comes to creating regulations, Congress often falls short compared to executive agencies. This discrepancy arises mainly from how each entity approaches decision-making: while executive agencies usually consider both the costs and benefits of their regulatory actions, Congress tends not to take such a balanced approach.

The deeper meaning behind Sunstein’s observation highlights the importance of comprehensive analysis in policy formulation. When creating regulations, it is crucial to weigh all potential impacts—both positive and negative—to ensure that decisions benefit society as a whole rather than just one group or interest. Executive agencies tend to be more diligent about this process because they are often staffed with experts who can evaluate complex data and provide detailed assessments of proposed rules. In contrast, Congress might be influenced by political pressures or lobbying efforts, which could lead to the creation of regulations that lack a thorough cost-benefit analysis. This imbalance can result in policies that are either overly restrictive or insufficiently protective, ultimately failing to serve the public interest effectively.

Cass Sunstein is a renowned American legal scholar and jurist who has made significant contributions to fields such as constitutional law, jurisprudence, and behavioral economics. He currently serves as a professor at Harvard Law School and has held various high-profile positions within government agencies, including serving as the Administrator of the White House Office of Information and Regulatory Affairs during the Obama administration. His insights into regulatory policy reflect his expertise in understanding how laws and regulations affect society, making him an authoritative voice on this topic.