Law Quote by 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 seemed by nature to require consent. It therefore was assumed that the enactment of legally binding rules could come only from a representative legislature and that the resulting rules could bind only subjects, not other peoples.3 As put by John Locke, the “legislative authority” is that by which laws “are in force over the subjects of th[e] commonwealth.” Blackstone elaborated, “Legislators and their laws are said to compel and oblige.””

Philip Hamburger

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

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

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