The Administrative State: Still Quasi After All These Years – But Not For Long?
What is sometimes called the administrative state is composed of agencies in the executive branch that implement broad, general statutory commands,…
December 07, 2020 at 12:24 PM
5 minute read
What is sometimes called the administrative state is composed of agencies in the executive branch that implement broad, general statutory commands, sometimes as vague as "public interest, convenience and necessity" or "just and reasonable" rates, either by promulgating regulations having the force of law, or by developing a body of case law through adjudication. Their findings of fact and conclusions of law are not reviewed de novo by the Article III courts but receive judicial deference. When the agency has a multi-member head, Congress can limit the president's ordinary power under Article II to remove subordinates. These law making and fact finding functions are commonly referred to as quasi-legislative and quasi-judicial.
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