This breadth of constitutional law in barring extralegal…
““This breadth of constitutional law in barring extralegal legislation is revealing about more than the past. The reader will have to wait patiently until chapter 7 for details of the current regime of extralegal lawmaking, but the significance of the history can already be anticipated. In an era of administrative legislation, it often is assumed that when the U.S. Constitution grants legislative power to Congress, it does not bar the executive from issuing binding rules, making interpretations, or setting taxes—as long as the executive has legislative authorization or at least acquiescence. The history of constitutional law, however, reveals that constitutions developed to bar all extralegal lawmaking—the point being to confine government to ruling through the law. Thus, administrative legislation—whether by proclamation, rulemaking, interpretation, or taxation—is not a novel form of lawmaking, and it cannot, on account of its alleged novelty, escape constitutional restrictions. On the contrary, it is a return to the extralegal legislation that constitutions were established to prohibit.””
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
The passage argues that administrative actions, even if labeled novel, are still extralegal and thus unconstitutional, as constitutions aim to restrict lawmaking to legislative bodies.
In simple terms: Administrative rulemaking is still extralegal and unconstitutional.
Key Takeaway
Question the legitimacy of modern administrative law.
Themes
law
government
constitution
administration
authority
Mood
analytical
skeptical
Type
legal
political
When to use this quote
- regulatory agencies
- court challenges
- policy drafting
Key Concepts
separation of powers
rule of law
legislative intent
Questions to Reflect On
- What safeguards can ensure administrative actions respect constitutional limits?
- Are there circumstances where executive rulemaking is justified?
A Different Perspective
Administrative practices may be defended as necessary for governance.