Friday, May 29, 2015

Is administrative law unlawful?

The U.S. Supreme Court has approved Congressional delegation of rule-making to agencies such as the EPA, FCC, FDA, FDIC, U.S. Army Corps of Engineers, and IRS, but the rationale is looking tired and overextended as government agents separated by layers of bureaucracy enforce regulations that are loosely based upon the statutes.  Just as often, the agencies enforce "guidelines" they draft as standards for ambiguous statutes and regulations.  Is it reaching a point at which the very nature and power of an administrative agency violates the citizen's right to due process of law?

Philip Hamburger has written extensively on this topic:

Is Administrative Law Unlawful?

Deference to Administrative Interpretation: The Unasked Questions