American government Quote by 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 primary mode of controlling Americans, and it increasingly imposes profound restrictions on their liberty. It therefore is time to reconsider the lawfulness of administrative law.””
About This Quote
Source Book: Administrative Law and the Constitution, Philip Hamburger, 2010
Administrative law, though not explicitly mentioned in the Constitution, now dominates U.S. governance and limits personal freedoms, prompting a need to reassess its legitimacy.
In simple terms: Administrative law controls government and restricts liberty, needing review.
Reevaluate the legal basis of administrative power.
Themes
Mood
Type
When to use this quote
- policy making
- civil rights advocacy
- judicial review
- public administration
- citizen activism
Key Concepts
Questions to Reflect On
- Is administrative law essential for modern governance?
- How can liberty be protected without dismantling regulatory frameworks?
The argument may overlook the practical benefits of administrative agencies in complex societies.