In this article, Cass Sunstein explores the 104th Congress' attempts a
t regulatory reform. Professor Sunstein believes that the election of
this Congress, with its distinctive approach to government, signals th
e dawning of a ''constitutional moment'' in which the role of governme
nt at all levels will be reexamined. Without full public support for s
weeping changes in government, this moment has not yet materialized. W
hen and if it does, regulatory reform will be one of its aspects. Inde
ed the nation has already begun to examine regulation to determine if
the benefits justify the costs. Unfortunately, the 104th Congress has,
thus far, failed adequately to address this burgeoning cost-benefit s
tate. Sunstein claims that Congress' failure reflects its inability to
redesign the massive federal regulatory scheme. He suggests that the
executive branch should oversee regulatory reform, with Congress releg
ated to providing broad policy direction. Sunstein also suggests that
Congress adopt an Administrative Substance Act, building upon the rece
nt learning about the performance of regulation and modeled after the
Administrative Procedure Act. Sunstein further calls for the enactment
of a ''substantive supermandate'' requiring a general background rule
of cost-benefit balancing for all federal regulation; but he contends
that any description of costs and benefits should reflect the full ra
nge of diverse values expressed by the public at large.