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The Administrative State, U.S. Constitution, and the Supreme Court

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The legitimacy of lawmaking by unelected regulatory officials is a controversial subject in any democratic republic, including ours. That is particularly true given that agency rules govern virtually every aspect of American life. Historically, the U.S. Supreme Court was willing to defer to agencies on the ground that regulatory officials were experts in their respective fields. Over the last decade, however, the Supreme Court has reined in agency lawmaking. In particular, the Court has questioned whether federal courts may defer to their interpretations of the law. Columbia Law School Professor Tom Merrill, an expert on administrative law, will discuss this trend and a book that he recently published on this subject. Please join us as he, along with two other experts, analyzes the future of the administrative state.

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