Administrative State

In this unsettling book, Russell Muirhead and Nancy Rosenblum trace how ungoverning—the deliberate effort to dismantle the capacity of government to do its work—has become a malignant part of politics. Democracy depends on a government that can govern, and that requires what’s called administration.

Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law.

"Conquer the NCMA CFCM Exam: Your Guide to the National Contract Management Association Certified Federal Contracts Manager Exam" is an essential resource designed to help candidates prepare effectively for the CFCM exam. This comprehensive guide covers all key aspects of federal contract management, including acquisition planning, contract formation, negotiation techniques, contract administration, financial management, and ethical considerations. Each chapter delves into critical topics, offering detailed explanations, practical examples, and case studies to enhance understanding. The ...