Supreme Court’s Role in Restraining the Administrative State | Beaufort County Now | Peter Wallison writes for National Review Online about the U.S. Supreme Court’s potential for blocking administrative state overreach.

Coronavirus Disease 2019 (COVID-19)

Supreme Court’s Role in Restraining the Administrative State

Publisher's Note: This post appears here courtesy of the John Locke Foundation. The author of this post is Mitch Kokai.

    Peter Wallison writes for National Review Online about the U.S. Supreme Court's potential for blocking administrative state overreach.

  • One of the most important issues facing this country today was not on the ballot on Election Day, and it won't be anytime soon: the question of whether our laws will continue to be made by Congress, as the Constitution requires, or by the administrative agencies of the executive branch, often called the "administrative state."
  • Rulemaking by unelected officials subject to little congressional or judicial oversight affects the lives of Americans in profound ways, but we have failed thus far to develop an effective strategy for controlling it. In the past few years, the Supreme Court's conservative justices have begun to focus on using the "nondelegation doctrine" to limit regulations. But the Court would need the right case to arise before it could employ that strategy — and even then, fears of political opposition could cause the Court to hold back.
  • The U.S. Constitution creates a government of separated powers: Congress makes the laws; the executive branch, headed by a president, enforces the laws; and the judiciary, headed by the Supreme Court, interprets the laws. Each of these three branches is required to stay within its prescribed lane, avoiding any forays onto the others' turf. The Framers ... believed that the people's liberty would be in danger if the same person or group had both the power to make the laws and the power to enforce them. ...
  • ... If the administrative state continues to grow, it won't be long before the American people will recognize that elections don't really change anything, because the real and binding laws are being made and enforced by a faceless bureaucracy that no one seems able to control. And when this recognition dawns, it will be a very dangerous moment for the country, comparable in some ways to the moment that produced Brexit.

Go Back


Latest Op-Ed & Politics

The Food and Drug Administration approved a new drug for Alzheimer’s disease Monday
The Government Transparency Act of 2021 would require that personnel actions of government employees, like public school teachers or county health officials, be described and maintained in public record
Eat your heart out Pelosi, Feinstien, Blumberg et. al.
Today, Governor Roy Cooper announced two judicial appointments to Superior and District Courts across the state.
Nicholas Rowan of the Washington Examiner highlights key cases the U.S. Supreme Court will address in the weeks ahead.
Governor Roy Cooper today issued Executive Order No. 218 highlighting North Carolina’s commitment to offshore wind power as the state transitions to a clean energy economy.
"Ever since I was five years old, I've dreamed of traveling to space"
We join George is wishing you the best July 4th ever
"The barrage of cyberattacks from Russia must end immediately, and together we can send a strong message to Russia, and the world, that the United States will not be intimidated when we are tested," the letter reads.


If you know anyone in Alaska please send them a link to this post and or send this lady a contribution
Gov. Roy Cooper pushes wind energy panacea via executive order, but Chairman of the N.C. Energy Policy Council Lt. Gov. Mark Robinson deems the move an overstep of authority that does not ‘follow the science'
The nation’s federal prison system is in hot water again, this time for security failures that allow inmates to escape undetected.


Leave it to the Donald to lay it out
87% of respondents, who are likely Republican primary voters, view former president Donald Trump favorably


Back to Top