The administrative state today “wields vast power and touches almost every aspect of daily life.” There’s no question that the Founders would have been surprised by the current administrative state. By and large, however, both the academy and Article III judges are either reluctant or enthusiastic devotees of the administrative state. A variety of arguments have been put forward to situate the Fourth Branch within the constitutional fabric, from constitutional moments, to the Supreme Court’s pragmatic recognition that, given government as we know it, “Congress simply cannot do its job absent an ability to delegate power under broad general directives.” As Jeff Pojanowski puts it in this Symposium, “Th[e] administrative state is here, and, absent radical and unlikely changes in the scope of federal power, it is not going away.”
Erin Morrow Hawley,
Exploring the Administrative State,
81 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol81/iss4/5