The Rule of Law and the Administrative State

In this conversation, Liberty Law Talk discusses with Professor Richard Epstein his new book Design for Liberty: Private Property, Public Administration, and the Rule of Law. Professor Epstein notes that the rule of law requires substantive commitments to generality in application and that it must ensure predictive efficacy if private property and commerce are to flourish. Unfortunately, much of the American Constitution’s attempt to provide these commitments has been lost in the abuses worked by the administrative state and the judiciary’s refusal to scrutinize legislation and rule-making that slights the takings and contract clauses of the Constitution. Professor Epstein also analyzes and discusses the Patient Protection and Affordable Care Act and the Dodd-Frank financial reform bill as egregious extensions of these practices.