How the Government Is Passing Secret Laws

Once upon a time, a team of federal attorneys went before the Supreme Court only to discover that their entire case was based on a revoked executive order and therefore moot.

True story. Look it up. Panama Refining Company v. Ryan. The revoked presidential order was understandably missed by the attorneys. The revocation had never been made public -- an example of what legal scholars refer to as "secret law."

Cases like that caused Congress, in the '30s and '40s, to pen legislation aimed at bringing order to the dissemination of vital government information, amid the chaotic complexity of state administrative laws and downright shoddy record-keeping. Congress also established statutes to keep a growing body of secret law in check.

That's how we got the Federal Register Act of 1935, the Administrative Procedures Act of 1946 and the golden key to open government (and investigative reporting) -- the Freedom of Information Act (FOIA).
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