Can the Court Control the Administrative State?
The Daily Signal Podcast
The Daily Signal
4.6 • 1.2K Ratings
🗓️ 21 May 2022
⏱️ 52 minutes
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Summary
John Yoo discusses the prospects for the Supreme Court to enact tremendous reform of how the administrative state engages in law-making. Spurred by a 2019 dissenting opinion written by Justice Neil Gorsuch in U.S. v. Gundy that called for a revival of the so-called "nondelegation doctrine", Yoo describes how the Court would curtail Congress from transferring lawmaking power to federal agencies.
Yoo notes, "the question the Roberts court has to face is, do we think that the courts, by trying to constrain how far Congress can go, can actually force Congress to become more accountable and take responsibility for these tough policy choices, even when Congress doesn't want to do it? I think that's a very, very hard question. You could see the court making these decisions in the way that place limits on what Congress can do, place limits on what the administrative state can do."
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Transcript
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| 0:00.0 | This is the Saturday edition of the Daily Signal Podcast. I'm Richard Reinch. Today I'm |
| 0:11.6 | joined by John U Law Professor at the University of California Berkeley School of Law to discuss |
| 0:17.9 | a new book he has edited with the American Enterprise Institute called The Administrative |
| 0:22.1 | State before the Supreme Court. |
| 0:35.1 | Welcome to this Saturday edition of the Daily Signal Podcast. We're talking with John |
| 0:40.8 | U about the administrative state and prospects for a form of this immense size burden of the |
| 0:48.3 | federal government. John U is a professor of law at the University of California Berkeley. He's a |
| 0:55.9 | visiting fellow at the Hoover Institution and a senior fellow at the American Enterprise Institute. |
| 1:01.5 | He has published numerous books, academic and popular, including War by other means, an insider's |
| 1:09.4 | account of the war on terror, defender and chief, Donald Trump's fight for presidential power, |
| 1:15.8 | and point of attack, preventive war, international law, and global warfare. Among other volumes, |
| 1:22.3 | he's also published widely in law reviews and in popular publications like National Review and |
| 1:28.2 | the Wall Street Journal. And he's the co-host with Richard Epstein of the Popular Law Talk |
| 1:33.7 | Podcast. John U, thank you for coming on. It's great to be with you. You should have |
| 1:39.0 | pointed out the hardest job of all those jobs I have is keeping Richard Epstein to 45 minutes |
| 1:45.4 | in a podcast. No, that is true. I've interviewed Richard Epstein and I think it was about an hour |
| 1:53.0 | long interview I talked to all four minutes. And I had to fight to get those four minutes. |
| 1:58.6 | Exactly. I said, how'd you get four minutes? That's four times better than I usually do. |
| 2:03.4 | So yeah, well, I was the host. You're merely one of two with Richard Epstein. |
| 2:13.0 | So the topic of our conversation is the administrative state. I think it's a term that's emerged as |
| 2:21.4 | a popular term and established term. Philip Hamburger, I think, really etched it into our |
| 2:27.3 | language with his book on the morality of administrative law in the administrative state. |
... |
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