Document Type
Article
Publication Date
1994
ISSN
2161-976X
Publisher
Harvard Law Review Pub. Association
Language
en-US
Abstract
The post-New Deal administrative state is unconstitutional, and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution. The original New Dealers were aware, at least to some degree, that their vision of the national government's proper role and structure could not be squared with the written Constitution: The Administrative Process, James Landis's classic exposition of the New Deal model of administration, fairly drips with contempt for the idea of a limited national government subject to a formal, tripartite separation of powers. Faced with a choice between the administrative state and the Constitution, the architects of our modern government chose the administrative state, and their choice has stuck.
Recommended Citation
Gary S. Lawson,
The Rise and Rise of the Administrative State
,
in
107
Harvard Law Review
1231
(1994).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/948
Included in
Administrative Law Commons, Constitutional Law Commons, Supreme Court of the United States Commons
