Cato Video •

Is Administrative Law Unlawful

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Featuring the author Philip Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia University School of Law; with comments by Hon. Stephen F. Williams, Senior Circuit Judge, United States Court of Appeals for the District of Columbia Circuit; moderated by Roger Pilon, Director, Center for Constitutional Studies, Cato Institute.

When law in America can be made by executive “pen and phone” alone — indeed, by a White House press release — we’re faced starkly with a fundamental constitutional question: Is administrative law unlawful? Answering in the affirmative in this far‐​reaching, erudite new treatise, Philip Hamburger traces resistance to rule by administrative edict from the Middle Ages to the present. Far from a novel response to modern society and its complexities, executive prerogative has deep roots. It was beaten back by English constitutional ideas in the 17th century and even more decisively by American constitutions in the 18th century, but it reemerged during the Progressive Era and has grown ever since, regardless of the party in power.

Video produced by Blair Gwaltney.

Philip Hamburger