The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine - Softcover

Softcover

ISBN 10: 0844750433 ISBN 13: 9780844750439

Publisher: AEI Press, 2022

Synopsis

In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution’s nondelegation doctrine—the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.

About this title

About the Authors

Peter J. Wallison is a senior fellow and the Arthur F. Burns Fellow in Financial Policy Studies at AEI, where he codirects the program on financial policy studies. He previously practiced banking, corporate, and financial law at Gibson, Dunn & Crutcher LLP in Washington, DC, and New York City. In 1986 and 1987, he was White House counsel to President Ronald Reagan. From 1981 to 1985, he was general counsel of the US Department of the Treasury, where he had a significant role in the development of the Reagan administration’s proposals to deregulate the financial services industry. Between 1972 and 1976, Mr. Wallison was special assistant to New York Gov. Nelson Rockefeller and, subsequently, counsel to Mr. Rockefeller when he was US vice president. His most recent book is Judicial Fortitude: The Last Chance to Rein in the Administrative State (2018).

John Yoo is a nonresident senior fellow at the American Enterprise Institute; Emanuel S. Heller Professor of Law at the University of California, Berkeley; and a visiting fellow at the Hoover Institution. He has worked in all three branches of government, notably as an official in the US Department of Justice, where he worked on national security and terrorism issues after the September 11 attacks. He also served as general counsel of the US Senate Judiciary Committee under its chairman, Orrin Hatch of Utah. And he has been a law clerk for Supreme Court Justice Clarence Thomas and US Court of Appeals Judge Laurence Silberman. He is the author of several books, including Defender in Chief: Donald Trump’s Fight for Presidential Power (St. Martin’s, 2020), Point of Attack: Preventative War, International Law, and Global Welfare (Oxford University Press, 2014), Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press, 2012), Crisis and Command: A History of Executive Power from George Washington to George W. Bush (Kaplan Publishing, 2010), War by Other Means: An Insider’s Account of the War on Terror (Atlantic Monthly Press, 2006), and The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11 (University of Chicago Press, 2005).

Edition details

• Publisher: AEI Press
• Publication date: 2022
• Language: English
• ISBN 10: 0844750433
• ISBN 13: 9780844750439
• Binding: Paperback
• Number of pages: 398
• Editor: Wallison Peter J., Yoo John