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Government

Aug. 16, 2016

Who will mind the bureaucrats?

Increasing intellectual ferment during the past few years has sparked the legislative and judicial debates that may help cabin (or at least slow) the growth and arbitrary power of the administrative state. By Todd Gaziano and Tony Francois

Todd Gaziano

Senior Fellow in Constitutional Law
Pacific Legal Foundation

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By Todd Gaziano and Tony Francois

The amount of deference courts provide to executive agencies' determinations and regulations has been the subject of serious debate for over 100 years. Congress has weighed in with statutory rules defining the proper level of deference only periodically. So when Congress is actively pursuing reform legislation, as it is now, that is noteworthy even if it is unlikely to be enacted this year.

The movement f...

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