Administrative Law and Congress

Administrative Law and Congress

Who makes laws? Congress has power from Article I to create laws, yet the vast majority of laws today come from administrative agencies, who promulgate administrative rules with the force of law.   

In republican government, the legislative authority necessarily predominates.

-Federalist No. 51

This unit in the Administrative Law course discusses questions such as: does administrative law undermine the enumerated powers in the Constitution? How does Congress oversee agencies? Do they exercise meaningful checks on agency power? Can or should Congress better control agencies? Is agency rulemaking democratic?

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1 of 2: What is the Proper Relationship of Congress to Agencies? [No. 86]

Has the relationship of Congress to administrative agencies changed over time? Does it matter? Professor Gary Lawson explains that there is no single answer to the question of the proper relationship between Congress and agencies. The answer is dep ... Has the relationship of Congress to administrative agencies changed over time? Does it matter?

Professor Gary Lawson explains that there is no single answer to the question of the proper relationship between Congress and agencies. The answer is dependent on how you view Constitutional law and public policy. Professor Lawson outlines the history of different theories of administration and how each of them defined the “proper” role of agencies and Congress.

Professor Gary Lawson is the Philip S. Beck Professor of Law at Boston University School of Law.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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About this Module

Total run time:

7m

Course:

Total videos:

2

Difficulty:

Second Year