Constitution Quotes by Philip Hamburger

“On behalf of the deference under the Administrative Procedure Act, it is said that Congress is not constitutionally barred from authorizing deference—as if Congress…

— Philip Hamburger

“By the same token, the executive cannot exercise legislative power, even if it has legislative authorization, for when it acts alone, it is a…

— Philip Hamburger

“Indeed, they embraced a tradition that was notorious for its incompatibility with American law and liberty. The connection between absolute and administrative power was…

— Philip Hamburger

“Indeed, during the ensuring centuries, Englishmen repeatedly protested that a king could “not break or dispense with the positive laws,” and they asked, “What…

— Philip Hamburger

“In sum, part I has shown that administrative law revives prerogative legislation, together with the prerogative of suspending and dispensing with law—thus restoring an…

— Philip Hamburger

“Administrative law thereby has transformed American government and society. Although this mode of power is unrecognized by the Constitution, it has become the government’s…

— Philip Hamburger

“The danger of an administrative return to an extralegal regime becomes particularly concrete when one recognizes the potential for evasion. Administrative law evades not…

— Philip Hamburger

“The people could still have their republic, but much legislative power would be shifted out of an elected body and into the hands of…

— Philip Hamburger

“It therefore is necessary to consider the possibility that administrative law was an instrument of a class that took a dim view of popularly…

— Philip Hamburger

“In general, the natural dividing line between legislative and nonlegislative power was between rules that bound subjects and those that did not. Legal obligation…

— Philip Hamburger

“This breadth of constitutional law in barring extralegal legislation is revealing about more than the past. The reader will have to wait patiently until…

— Philip Hamburger

“Following in this tradition, Americans constitutions almost uniformly authorized American governments to act against their subjects only through and under law. As put by…

— Philip Hamburger