The On-Going Judicial Reconsideration of the Administrative State in the U.S.

• Author(s): E. Donald Elliott
• Posted: 7-2023
• Legal Studies #: LS 23-09
• Availability: Full text (most recent) on SSRN

ABSTRACT:

This paper describes the on-going reconsideration of the Administrative State by courts in the U.S. It describes why the re-evaluation is occurring now and reviews the grounds being considered in pending cases, including the delegation doctrine, the unitary executive theory, the Chevron doctrine. It proposes a “spirit of the Constitution” approach based on McCullough v. Maryland.