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by rgbrenner 3116 days ago
you're a lawyer, so can you explain for me? What makes administrative law unconstitutional? Is Congress not allowed to delegate authority to the executive branch?
2 comments

Congress can clearly delegate enforcement authority and give the executive some enforcement discretion. But calling modern administrative regulations, with agencies that make laws and try people in front of executive-branch judges, an exercise of enforcement discretion is a reach.

See: https://pdfs.semanticscholar.org/3d45/15c4f13933f50394a0a220...

> The post-New Deal administrative state is unconstitutional,* and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution.

There’s a whole book on it - ‘why administrative law is unlawful’
You probably mean "Is Administrative Law Unlawful" by Philip Hamburger?

http://press.uchicago.edu/ucp/books/book/chicago/I/bo1743668...

Yes, rhetorical question.