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We the People

Deconstructing the administrative state

We the People

National Constitution Center

News Commentary, News, History

4.61.1K Ratings

🗓️ 2 November 2017

⏱️ 52 minutes

🧾️ Download transcript

Summary

As a presidential candidate, Donald Trump ran on a platform of rolling back the “administrative state.” Since taking office, President Trump has followed through on some of his campaign promises, signing various Executive Orders aimed at undoing previous Executive Orders issued by President Obama. What will be the impact of the president’s regulatory agenda? Is Trump restoring constitutional order and checks and balances through his executive orders? Joining us to discuss these important questions and more are two of America’s leading scholars of administrative law. Dan Hemel is Assistant Professor of Law at the University of Chicago Law School. His research focuses on taxation, risk regulation, and innovation law. His current projects examine the effect of tax expenditures on inequality; the role of cost-benefit analysis in tax administration; and the use of tax incentives to encourage knowledge production. He has served as visiting counsel at the Joint Committee on Taxation. He blogs at Take Care. Karen Harned is Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she has held since April 2002.  Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies.  Her organization, NFIB, was involved in litigation against the Affordable Care Act, in NFIB v. Sebelius, and is currently involved as an amicus in the NAM case before the Court.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:09.8

to We The People, a weekly show of constitutional debate.

0:13.6

The National Constitution Center

0:15.1

is the only institution in America, chartered by Congress,

0:18.9

to disseminate information about the US Constitution

0:21.9

on a nonpartisan basis in order to increase understanding

0:25.6

and awareness of the US Constitution among the American people.

0:29.7

And in this episode, we address the question of the Constitution and the Administrative State.

0:35.9

As a presidential candidate, Donald Trump ran on the platform of rolling back the Administrative

0:40.3

State, and since taking office, he has followed through on his promises signing executive

0:46.4

orders aimed at undoing previous executive orders issued by President Obama.

0:51.7

What will be the impact of the President's

0:53.3

regulatory agenda and is it consistent with the Constitution.

0:58.1

Joining us to discuss these important questions are two of America's

1:01.1

leading scholars of administrative law.

1:04.3

Daniel Hemmel is assistant professor of law at the University of Chicago Law School.

1:08.7

His research focuses on taxation, risk regulation, and innovation law. He served as visiting counsel at the Joint Committee on Taxation and blogs at Take Care.

1:18.0

And Karen Harne is Executive Director of the National Federation of Independent

1:23.3

Small Business Legal Center, a post she's held since 2002.

1:27.8

Before then, she was an attorney in Washington, D.C. and her organization, NFI NFIB was involved in litigation under the Affordable Care Act

1:36.4

in the important and memorably named En fib v Sebelius, which all we the people listeners should read and know about and

1:46.7

she's currently as involved in as an amicus in the NAM case for the Supreme Court.

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