Saint Louis University
Federal constitutional law has a way of worming itself into just about every crevice of the law school curriculum. Civil Procedure students grapple with the Due Process Clauses, Property students ponder the Takings Clause, and Torts students must reckon with issues of federal preemption and legislative power. But few courses outside the mainstream Constitutional Law curriculum require as much sustained attention to constitutional issues as does Administrative Law.' Administrative Law courses typically involve an extensive study of procedural due process.2 They also engage, at least peripherally, in some of the most fundamental and long-lived constitutional controversies in the law of federal jurisdiction, ranging from the law of standing, 3 to the permissible scope of adjudication by non-Article III bodies, 4 to the extent of Congress's power to insulate governmental decision making from judicial review.5 Most importantly, Administrative Law is the primary curricular vehicle for exploring what can loosely be called separation of powers law: the law governing the structure of, and the allocation of authority among, the various institutions of the national government. It would be remarkably easy to spend the entire course on these topics, and it is remarkably difficult to conduct an Administrative Law class that does not spend a sizable percentage of its allotted time on such constitutional issues.
Gary S. Lawson,
Prolegomenon to Any Future Administrative Law Course: Separation of Powers and the Transcendental Deduction
Saint Louis University Law Journal
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2556