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President Donald Trump during a news conference in the White House briefing room on Monday, April 6, 2026. (Getty Images)
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The US Department of Labor building, May 3, 2013 in Washington, DC. (BRENDAN SMIALOWSKI/AFP/Getty Images)
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.
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To address these concerns, former senator Sam Brownback, who served as ambassador at large for international religious freedom in the first Trump administration, will join Senior Fellow Nina Shea to propose new policies for the US government and actions for the American public.
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To examine this emerging challenge, Senior Fellow Dr. Michael Doran will convene a conversation with Research Fellow Zineb Riboua, Professor Brenda Shaffer—Research Faculty Member at the U.S. Naval Postgraduate School and Senior Fellow at the Atlantic Council—and Sam Cooper, an award-winning investigative journalist focusing on China-Canada relations.
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Related Research
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(Screenshot via YouTube)
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Dock workers offload shipping containers from a ship at Port Everglades on April 20, 2026, in Fort Lauderdale, Florida. (Getty Images)
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The A-share Shanghai Composite Index displayed on the electronic screen of a pedestrian overpass in Shanghai, China, on March 25, 2026. (Getty Images)