All posts filed under: Administrative State

Is Administrative Law Unlawful? (Philip Hamburger)

Administrative law—the delegation by the legislature of legislative and judicial power to the executive—is the backdrop of every American life, but very few people realize this. Fewer still realize that this backdrop is less like a fine wallcovering, an aesthetically pleasing but minor element, and more like a sticky web that, not seen until it’s too late, entraps prey prior to its being devoured. To remedy this lack of knowledge, Phillip Hamburger has written this outstanding book, which explains how we got here, where we are, and why that is bad.

What Washington Gets Wrong (Jennifer Bachner and Benjamin Ginsberg)

“What Washington Gets Wrong” shows, by polling statistics, what we all know already. Namely, that those who run the government, from Capitol City—sorry, from Washington—not only think differently from Americans as whole, but also have different policy priorities and have deep contempt for most Americans. This isn’t a surprise, because this is the nature of every bureaucratic ruling class throughout history, though ours is both less monetarily corrupt than usual, and more ideologically corrupt than usual. But these basic facts are interesting and useful to see proven and quantified, and even more interesting, to me, are some of the authors’ suggestions to alleviate the problem—which I think don’t go far enough, but would at least be a start.

By the People: Rebuilding Liberty Without Permission (Charles Murray)

I am a criminal. More precisely, I am the kind of criminal that Charles Murray likes. Now, as is well-known, everyone is a criminal nowadays, because of the enormous expansion of deliberately vague and open-ended criminal laws. The average American commits multiple federal felonies every day. But Charles Murray specifically wants every American to commit a precise type of relatively limited crime, and I realize with joy that I have been happy to oblige his request for several years.