Judicial fortitude : the last chance to rein in the administrative state / Peter J. Wallison.

Format:

Book

Author/Creator:

Wallison, Peter J., author.

Language:

English

Subjects (All):

Judicial review of administrative acts--United States.

Judicial review of administrative acts.

Separation of powers--United States.

Separation of powers.

United States--Politics and government.

United States.

Physical Description:

1 online resource (216 p.)

Edition:

First edition.

Place of Publication:

New York : Encounter Books, [2018]

Summary:

In this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resulting in what many call the administrative state. The judiciary bears the major responsibility for this development because it has failed to carry out its primary constitutional responsibility: to enforce the constitutional separation of powers by ensuring that the elected branches of governmentthe legislative and the executiveremain independent and separate from one another. Since 1937, and especially with the Chevron deference adopted by the Supreme Court in 1984, the judiciary has abandoned this role. It has allowed Congress to delegate lawmaking authorities to the administrative agencies of the executive branch and given these agencies great latitude in interpreting their statutory authorities. Unelected officials of the administrative state have thus been enabled to make decisions for the American people that, in a democracy, should only be made by Congress. The consequences have been grave: unnecessary regulation has imposed major costs on the U.S. economy, the constitutional separation of powers has been compromised, and unabated agency rulemaking has created a significant threat that Americans will one day question the legitimacy of their own government. To address these concerns, Wallison argues that the courts must return to the role the Framers expected them to fulfill.

Contents:

Introduction

The administrative state and the rule of law

The separation of powers and checks and balances

Congress and the administrative state

Progressivism and the rise of the administrative state

Was the progressive faith in economic regulation justified?

The nondelegation doctrine

The Chevron doctrine

Conclusion.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

9781641770095

1641770090