Bill of Rights Is “Gutted” by Bureaucrats’ Administrative Law

(p. A13) Unelected bureaucrats not only write their own laws, they also interpret these laws and enforce them in their own courts with their own judges. All this is in blatant violation of the Constitution, says Mr. Hamburger, 60, a constitutional scholar and winner of the Manhattan Institute’s Hayek Prize last year for his scholarly 2014 book, “Is Administrative Law Unlawful?” (Spoiler alert: Yes.)
“Essentially, much of the Bill of Rights has been gutted,” he says, sitting in his office at Columbia Law School. “The government can choose to proceed against you in a trial in court with constitutional processes, or it can use an administrative proceeding where you don’t have the right to be heard by a real judge or a jury and you don’t have the full due process of law. Our fundamental procedural freedoms, which once were guarantees, have become mere options.”
‚ÄčIn volume and complexity, the edicts from federal agencies exceed the laws passed by Congress by orders of magnitude. “The administrative state has become the government’s predominant mode of contact with citizens,” Mr. Hamburger says. “Ultimately this is not about the politics of left or right. Unlawful government power should worry everybody.”

For the full interview, see:

John Tierney, interviewer. “The Tyranny of the Administrative State.” The Wall Street Journal (Sat., June 10, 2017): A13.

(Note: the online version of the interview has the date June 9, 2017.)

The book by Hamburger mentioned in the passage quoted above, is:
Hamburger, Philip. Is Administrative Law Unlawful? Chicago, IL: The University of Chicago Press, 2014.

Leave a Reply

Your email address will not be published. Required fields are marked *