‘Administrative State Is THE Leading Threat to Civil Liberties of Our Era’: New at Reason

The following excerpt is from an article that originally appeared on Hit and Run

Columbia’s Philip Hamburger says this “monarchical” system of government grew in power just as blacks and women saw an expansion of their voting rights.

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“The administrative state is the leading threat to civil liberties of our era,” says Philip Hamburger, the Maurice and Hilda Friedman Professor of Law at Columbia Law School and author of the recent books, Is Administrative Law Unlawful? (2015) and The Administrative Threat (2017). “We have a system of government in which our laws are made by the folks that we elect, and these laws are enforced by judges and juries in the courts, but we have within that an administrative state, a state that acts really by mere command and not through law.” Hamburger argues that by reducing the role of elected officials to set policy, the administrative state, which

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