The Administrative State

This chapter illustrates the structure of the administrative state, which emerges as one of the main areas of focus among the Justices of the Supreme Court. It examines three of the most contentious issues to see what the structural logic of Article II has to contribute. It also cites the presidential constitutional review, under which the president can decide for himself that statutes passed by Congress are unconstitutional and use his powers to negate them. The chapter talks about the congressional delegation of power to executive agencies as the central feature of the modern administrative state. It explores executive agencies, like cabinet departments, that are headed by officers who are subject to removal at the pleasure of the president.