The Administrative State, U.S. Constitution, and the Supreme Court

The legitimacy of lawmaking by unelected regulatory officials is a controversial subject in any democratic republic, including ours. That is particularly true given that agency rules govern virtually every aspect of American life. Historically, the U.S. Supreme Court was willing to defer to agencies on the ground that regulatory officials were experts in their respective fields. Over the last decade, however, the Supreme Court has reined in agency lawmaking. In particular, the Court has questioned whether federal courts may defer to their interpretations of the law. Columbia Law School Professor Tom Merrill, an expert on administrative law, will discuss this trend and a book that he recently published on this subject. Please join us as he, along with two other experts, analyzes the future of the administrative state.
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[@RDAmidwest]

The operative autonomy of Agencies, coupled with the mission creep inherent with their proclivity to self importance, places the administrative state universally at odds with the defined powers of the Constitution and the limits it places on the Federal government.

[@KTS_85]

I wish an analysis of the administrative state would extend down to the municipal level in the case of land development and building permits. As a civil engineer, I can assure you that’s where the real threat to individual liberties and private property rights is happening!

[@RDAmidwest]

@@KTS_85 So many levels of governance: Federal, State, County, Township, Municipal and don't forget the HOAs!

[@KTS_85]

@@RDAmidwest absolutely the HOA’s belong in the administrative state. Good catch!
I’ve come up with a potential legal doctrine to curtail the administrative state. Similar to the Supreme Court cases commonly referred to as “Nolan and Dolan”, the amount of control an agency exerts shall be roughly proportional to the liability the agency assumes for the control it exerts. Call it the “No Control without liability” doctrine similar to “no taxation without representation”.

[@LePedantSemantique]

56:33 Curiously funny, perhaps even odd that it was necessary to translate the black guy’s question into legalese.

[@sherismalls8135]

No sound here either

[@elishevajones6730]

No sound

[@sherismalls8135]

Repost with sound please. Bye now