The Future of Liberty with Mitch Daniels Philip Hamburger on the Threats of the Administrative State
Jun 26, 2024
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.
AI Snips
Chapters
Transcript
Episode notes
Class Roots Of Administrative Power
- The administrative state grew partly from 19th-century class anxieties that distrusted popular voting outcomes.
- Philip Hamburger argues elites shifted lawmaking from legislatures to experts to dilute democratic influence.
Litigate Strategically Against Agencies
- Treat administrative-state litigation as a civil liberties fight, not merely separation-of-powers litigation.
- Target types of agency power across agencies instead of defending isolated industry-specific cases.
Administrative State As An Irregular Pathway
- Administrative power functions as an 'irregular pathway' around constitutional processes.
- Hamburger likens modern administrative methods to a bureaucratized form of old absolute royal power.