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"Is Administrative Law Unlawful?" Featuring the Author, Philip Hamburger


Video from The Cato Institute


"Is Administrative Law Unlawful?" Featuring the Author, Philip Hamburger

"Follow the link below to watch the full event: http://www.cato.org/multimedia/events... 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." from video introduction


Professor Philip Hamburger’s Indictment of the Administrative State

"In a new book, Hamburger makes the case that administrative power is profoundly unconstitutional.

With the issuance last month of his timely and provocative broadside against the legitimacy of the American administrative state, Columbia Law School Professor Philip Hamburger has gained headlines and stirred criticism to an extent uncommon for an erudite scholar in constitutional history.

Hamburger’s new 68-page book, The Administrative Threat, is a compact, forceful distillation of his more scholarly 646-page tome, Is Administrative Law Unlawful?, published in 2014. Both works lay out why Hamburger, the Maurice and Hilda Friedman Professor of Law, considers the powers now routinely exercised by administrative agencies to be “dangerous and unlawful in ways not conventionally recognized,” as he put it in the earlier work.." from the article: Professor Philip Hamburger’s Indictment of the Administrative State


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