Balancing Power: The Impact of Legislative Structure on Sunset Laws and Administrative Procedure Acts

Abstract Governors and state legislatures in the United States have a complex relationship. While we often consider them smaller versions of the federal government, this is not accurate. Like at the federal level, there is significant political competition between state legislatures and the executive branch. However, unlike the federal government, state legislatures often face a serious disadvantage because they are part-time in 46 out of 50 states and must consider how to balance power even in their absence. Our work focuses on how legislatures use tools such as Sunset Laws and Administrative Procedure Acts (APAs) to maintain this balance of power and ensure government agencies are responsive to legislative priorities. The central argument is that these mechanisms are not primarily about efficiency or cost savings but rather about power dynamics and preference alignment.