--- title: "Meaning & Key Takeaway of: The danger of an administrative return to…" description: "\"“The danger of an administrative return to an extralegal regime becomes particularly concrete when one recognizes the potential for evasion. Administra..." image: "https://sms4smile.com/quotes/i/207/philip-hamburger-28176_due-process_the-danger-of-an-administrative-return-t_1375621.jpg" --- # The danger of an administrative return to an extralegal… ![“The danger of an administrative return to an extralegal regime becomes particularly concrete when one recognizes the potential for evasion. Administrative law evades not only the law but also its institutions, processes, and rights. The central evasion is the end run around acts of Congress and…” quote by Philip Hamburger](https://sms4smile.com/quotes/i/207/philip-hamburger-28176_due-process_the-danger-of-an-administrative-return-t_1375621.jpg) [Download](https://sms4smile.com/quotes/i/207/philip-hamburger-28176_due-process_the-danger-of-an-administrative-return-t_1375621.jpg) [Open image](https://sms4smile.com/quotes/i/207/philip-hamburger-28176_due-process_the-danger-of-an-administrative-return-t_1375621.jpg) > ““The danger of an administrative return to an extralegal regime becomes particularly concrete when one recognizes the potential for evasion. Administrative law evades not only the law but also its institutions, processes, and rights. The central evasion is the end run around acts of Congress and the judgments of the courts by substituting executive edicts. This suggests that there can be an alternative system of law, which is not quite law, but that nonetheless can be enforced against the public. As if this were not enough, the evasion also gets around the Constitution’s institutions and processes. For example, when the executive makes regulations, it claims to escape the constitutional requirements for the election of lawmakers, for bicameralism, for deliberation, for publication of legislative journals, and for a veto. Similarly, when the executive adjudicates disputes, it claims to sidestep most of the requirements about judicial independence, due process, grand juries, petit juries, and judicial warrants and orders. The judicial evasion is particularly troubling when one realizes that it escapes almost all of the procedural rights guaranteed by the Constitution. Recognizing at least the due process problem, courts and commentators sometimes suggest that administrative adjudication is subject to a lesser, administrative version of due process. It remains unclear, however, how a fraction of a right can substitute for the whole, or how the due process of administrative power in an administrative tribunal can substitute for the due process of law in a court. This is like a substitution of water for whisky, and the fact that both are liquid does not hide the evasion.”” [Philip Hamburger](https://sms4smile.com/quotes/author/philip-hamburger/) ## About This Quote This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation. Administrative agencies bypass constitutional safeguards by substituting executive directives for legislative and judicial processes, creating a quasi‑legal system lacking full due process. **In simple terms:** Government agencies sidestep laws and courts, using their own rules instead of constitutional protections. Key Takeaway Demand stronger oversight of administrative power. Themes law government constitution due process separation of powers Mood cautious analytical concerned Type legal political philosophical When to use this quote - regulatory rule - court challenges - legislative hearings - public advocacy Key Concepts Administrative overreach rule of law judicial independence Questions to Reflect On - How can we balance effective governance with constitutional fidelity? - What mechanisms ensure agencies remain accountable? A Different Perspective Administrative efficiency may be compromised by excessive legal constraints. ★ ★ ★ ★ ★ No ratings yet [Constitution](https://sms4smile.com/quotes/about/constitution/) [Due process](https://sms4smile.com/quotes/about/due-process/) [Escape Constitutional](https://sms4smile.com/quotes/about/escape-constitutional-4750564/) [Evades Law](https://sms4smile.com/quotes/about/evades-law-4750561/) [Evasion Administrative](https://sms4smile.com/quotes/about/evasion-administrative-4750563/) [Judicial Evasion](https://sms4smile.com/quotes/about/judicial-evasion-4750560/) [Law](https://sms4smile.com/quotes/about/law/) [Law Evades](https://sms4smile.com/quotes/about/law-evades-4750562/) ## Related quotes > [“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…](https://sms4smile.com/quotes/philip-hamburger/on-behalf-of-the-deference-under-the-administrative-procedure-act-it/) [Philip Hamburger](https://sms4smile.com/quotes/author/philip-hamburger/) > [“The jailers, the Court, everyone in that building – it wasn’t about justice; it was about obedience and intimidation…about maintaining order. 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The central evasion is the end run around acts of Congress and the judgments of the courts by substituting executive edicts. This suggests that there can be an alternative system of law, which is not quite law, but that nonetheless can be enforced against the public. As if this were not enough, the evasion also gets around the Constitution’s institutions and processes. For example, when the executive makes regulations, it claims to escape the constitutional requirements for the election of lawmakers, for bicameralism, for deliberation, for publication of legislative journals, and for a veto. Similarly, when the executive adjudicates disputes, it claims to sidestep most of the requirements about judicial independence, due process, grand juries, petit juries, and judicial warrants and orders. The judicial evasion is particularly troubling when one realizes that it escapes almost all of the procedural rights guaranteed by the Constitution. 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