Philip Hamburger on the Threats of the Administrative State
Jun 26, 2024
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Legal scholar Philip Hamburger and Governor Daniels discuss the dangers of the administrative state, highlighting cases on fishing boats and social media censorship. They explore the origins and challenges posed by bureaucratic power, advocating for reform to restore legislative responsibilities and combat threats to liberty and democracy.
The administrative state's roots lie in class perspective and the erosion of voting rights, reflecting power dynamics.
National legislatures' delegation of authority enables evasion of accountability and raises concerns about congressional competency.
The New Civil Liberties Alliance advocates for constitutional adherence to combat administrative overreach and restore legislative balance.
Deep dives
Exploring the Historical Roots of Administrative State Incursions
The origins of the administrative state's encroachment on individual and associative freedoms are traced back to various historical factors. From the increasing temptation for power throughout history to the influence of 19th-century Americans seeking administrative power teachings from Germany, particularly Prussia, the evolution of the administrative state is complex. The establishment of an administrative state was partly driven by a class perspective and attempts to dilute voting rights, reflecting a deeper issue of power dynamics and elite influence on legislative decisions.
Legislative Infatilization and the Rise of the Administrative State
The complicity of national legislatures in ceding authority to the administrative state is highlighted, leading to a scenario where difficult decisions or unpopular outcomes can be conveniently shifted to agencies. By granting legislative power to administrative bodies, the legislature avoids accountability and dilutes its responsibilities. The administrative state's rise has raised concerns about congressional competency, although reducing administrative power could potentially restore Congress to its legislative function.
The Mission of the New Civil Liberties Alliance
The establishment of the New Civil Liberties Alliance aims to address civil liberties issues emerging from administrative state overreach. By advocating for constitutional adherence and highlighting the need for truth in legal proceedings, the organization emphasizes the importance of combating administrative power encroachments. Strategic approaches, such as targeting types of power across agencies, have proven effective in challenging administrative overreach.
Combatting Administrative Power through Legal Advocacy
Efforts to challenge administrative power through legal avenues, such as the Major Questions Doctrine, hold promise in curbing unchecked administrative authority. Potential court reforms, including revisiting the Chevron deference doctrine, offer hope for re-establishing constitutional boundaries and promoting accountability. By focusing on key legal principles and strategic litigation, there are opportunities to push back against excessive administrative influence and restore the balance of powers.
Preserving Constitutional Principles Amidst Administrative State Influence
The podcast delves into the challenges posed by the administrative state's coercive tactics, including the erosion of federalism and the use of financial incentives to enforce compliance. Through initiatives like common carrier obligations and legal advocacy against government censorship, there are ongoing efforts to defend individual rights and prevent undue influence. Additionally, legal actions targeting agendas set through private settlements highlight the importance of upholding constitutional principles amidst administrative state pressures.
In this episode Governor Daniels and legal scholar and founder of the New Civil Liberties Alliance, Philip Hamburger, discuss the origins of the administrative state in classism, the use of it as an "irregular pathway" around the Constitution, and a series of cases about topics from fishing boats to social media that demonstrate the dangers to liberty that arise from an overreaching administrative state.