LAWS 6880 Dangers of the Administrative State: Advanced Topics in Administrative Law

This seminar course will focus on important debates and real-world controversies relating to administrative and structural constitutional law. It will examine from practical, constitutional, and rule-of-law perspectives central features of the modern administrative state, including as characterized by some of its strongest critics. Are various aspects of federal agencies genuinely worrisome, or reflective of the complexity of governance? What forces have driven the evolution of government agencies? And what have critics of relevant constitutional doctrine and administrative law gotten wrong? Our primary aim is to foster fruitful discussion about whether the administrative state is lawful, based on both theoretical material and materials from popular discourse (such as long-form journalism and visual media). Our meetings will cover topics such as whether the administrative state is revolutionary, unlawful, or immoral; presidential power and the New Deal; the separation of powers; the legislature and independent agencies; administrative due process; and governmental involvement in immigration, healthcare, and financial regulation. Major themes will include the intersection of law and politics, the role of agencies in relation to the branches of government, and the criteria for understanding whether the administrative state is succeeding or failing. Prior background is welcome but not assumed; all are welcome to enroll. Students will be evaluated based on class participation and a final seminar paper.