Many legal experts contend that the administrative state has grown out of control. It adjudicates more disputes than the federal courts, passes more “laws” than Congress, and controls vast amounts of resources both directly and indirectly. A variety of Constitutional features designed to impede the growth of unchecked discretion in the hands of unelected government authorities has failed to limit these developments.
Two legal doctrines in particular have fallen short of their objective to contain administrative rulemaking: guidelines on judicial review, now associated with deference doctrines, and limitations on the delegation of legislative powers. On May 2, Hudson Institute hosted the Honorable Ron Cass, dean emeritus of Boston University School of Law, for a discussion examining the role these doctrines should play, what has happened to them, and what might be done to revise and revive them. Hudson Senior Fellow Harold Furchtgott-Roth moderated the conversation.
Join Hudson Institute for a discussion of how the US can build a more resilient and flexible energetics base—one that can meet sustained demand while accelerating the development and fielding of new capabilities.
Join Hudson Institute for a conference with leaders from industry, government, academia, and defense to discuss the latest developments in the US-China AI competition.
Join House Armed Services Committee Chairman Mike Rogers (AL-03) for a fireside discussion with Senior Fellow Nadia Schadlow on Congress’s role in revitalizing America’s defense industrial base.
Join Hudson Institute Senior Fellow Ken Moriyasu for a panel with Chaim Martin, Israel’s minister of economic affairs to the United States; Aslı Aydıntaşbaş of the Brookings Institution; Soner Cagaptay of the Washington Institute; and Director of the Center for Peace and Security in the Middle East Michael Doran as they examine the logic behind each framework and what their rivalry means for US policy.
