Citation

Struggling to Control the State: Conservative Courts and Deference to Administrative Power.”

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Abstract:

How can the massive discretion granted to executive or administrative power in America be rendered safe? The original architects of the administrative state were less concerned with that problem than we are today. The question of how to make these new arrangements safe has been primarily left to the field of administrative law. While most observers of the Court who are attentive to the relationship between the Court and executive power focus on the foreign policy context, it is in administrative law where the more interesting relationship between the Court and executive power is illustrated in domestic policy.
In this area several recent cases from the Roberts Court are worth our attention. In particular, in Massachusetts v. EPA, the Roberts Court declared that the Clean Air Act does authorize the EPA to regulate greenhouse cases to prevent climate change, overturning a prior EPA interpretation of the Clean Air Act which denied that such authority existed. The case indicates that the Court has not shifted dramatically to the right.
More interestingly, these cases reveal the competing approaches of liberals and conservatives on whether courts should be trusted to control the administrative state. Conservative judges have taken a deferential approach to executive and administrative power, while liberals have advocated searching judicial review of executive decisions
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Association:
Name: Northeastern Political Science Association
URL:
http://www.northeasternpsa.org


Citation:
URL: http://citation.allacademic.com/meta/p388697_index.html
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MLA Citation:

Postell, Joseph. "Struggling to Control the State: Conservative Courts and Deference to Administrative Power.”" Paper presented at the annual meeting of the Northeastern Political Science Association, Crowne Plaza Hotel, Philadelphia, PA, <Not Available>. 2014-11-28 <http://citation.allacademic.com/meta/p388697_index.html>

APA Citation:

Postell, J. "Struggling to Control the State: Conservative Courts and Deference to Administrative Power.”" Paper presented at the annual meeting of the Northeastern Political Science Association, Crowne Plaza Hotel, Philadelphia, PA <Not Available>. 2014-11-28 from http://citation.allacademic.com/meta/p388697_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: How can the massive discretion granted to executive or administrative power in America be rendered safe? The original architects of the administrative state were less concerned with that problem than we are today. The question of how to make these new arrangements safe has been primarily left to the field of administrative law. While most observers of the Court who are attentive to the relationship between the Court and executive power focus on the foreign policy context, it is in administrative law where the more interesting relationship between the Court and executive power is illustrated in domestic policy.
In this area several recent cases from the Roberts Court are worth our attention. In particular, in Massachusetts v. EPA, the Roberts Court declared that the Clean Air Act does authorize the EPA to regulate greenhouse cases to prevent climate change, overturning a prior EPA interpretation of the Clean Air Act which denied that such authority existed. The case indicates that the Court has not shifted dramatically to the right.
More interestingly, these cases reveal the competing approaches of liberals and conservatives on whether courts should be trusted to control the administrative state. Conservative judges have taken a deferential approach to executive and administrative power, while liberals have advocated searching judicial review of executive decisions


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William Howard Taft, the Removal Power, and Control of the Administrative State


 
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