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EmailA World Without Chevron
Let me complete my set of posts on Chevron by explaining what legal doctrine would look like without Chevron. Chevron was justified in part based on the view that the prior doctrine was a mess because it left no guidance …
Separation of Powers
The Nontextual and Made Up Chevron Doctrine
In my last post, I discussed how the Chevron doctrine – which grants administrative agencies the power to choose any reasonable interpretation of statutes that they administer – allows agencies …
The Problematic Chevron Doctrine
In my earlier post, I discussed how the Supreme Court’s failure to enforce the nondelegation doctrine has allowed legislative and executive power to be combined. Here I want to discuss another way in which the Supreme Court has not …
More on Separating Legislative and Executive Power
I should have noted that the proposal I discussed in my earlier post actually has been promoted in the form of the REINS Act, which stands for Regulations From the Executive in Need of Scrutiny Act.
Jonathan Adler has a …
Separating Legislative and Executive Power
There is a strong argument that the Constitution’s original meaning employs a strict separation of powers approach. But many people argue that it would be too difficult to go back to this arrangement after the New Deal combined the powers …
Separating Executive and Judicial Power
In a recent post, I discussed the fact that administrative agencies combine prosecutorial (executive) and judicial power, with the result that agencies are judges in their own cases. In this post, I want to propose a solution to the …
From Idealism to Power: The Presidency in the Age of Obama
As a presidential candidate in 2007 and 2008, Barack Obama made stirring pledges to respect the rule of law and to abide by constitutional limitations on certain presidential powers. He left no doubt that he intended to put an end …
Despising the Constitution
Russ Roberts, host of the significant and highly influential podcast show, Econ Talk, interviews this week Leftist law professor Michael Seidman. Seidman, you might remember, started off 2013 with this breathless piece in the New York Times (no doubt fulfilling …
Ratifying the U.S. Constitution
This next edition of Liberty Law Talk is a discussion with John Vile about his new book, The Writing and Ratification of the U.S. Constitution: Practical Virtue in Action. Our discussion, chronologically and philosophically, retraces the dramatic story of …
Searching for the Administrative State
It is common to find discussions of the administrative state in the scholarly works of history, political science, law, and economics. However, it is uncommon to find a definition of the very concept — “administrative state” – being treated in …