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The Administrative Threat
The Administrative Threat | Philip Hamburger
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Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
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The Administrative Threat | Philip Hamburger
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Hamburger‘s book is a short (it‘s a pamphlet, really), highly accessible, and persuasive argument that much of American administrative law is politically and legally illegitimate. He convincingly ties modern administrative law to the sort of royal absolute power (prerogative) that the Framers (and the English before them) expressly repudiated.