Document Type
Article
Publication Date
4-1994
ISSN
0017-811X
Publisher
Harvard University
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. 2 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: 3 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. 4 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
Harvard Law Review
1231
(1994).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2627
