State Administrative Constitutionalism
28 Pages Posted: 6 Oct 2016
Date Written: August 1, 2016
“Administrative constitutionalism” has been the subject of much rich scholarship in recent years. Although the term is employed in a range of distinct (though related) ways, this essay is primarily concerned with administrative constitutionalism in its most literal sense: that is, administrative agencies' interactions with the constitution — and here I mean both state and federal constitutions — when they engage in the work of ordinary law implementation, interpretation, and rulemaking.
While the existing “administrative constitutionalism” literature focuses almost exclusively on federal agencies, this piece asks what we can learn from examining state agencies’ interactions with constitutional norms and principles. That is, how do state administrative actors conceive of the role and function of constitutional principles within the work they do, and what can we learn from the output of state administrative processes about the creation of constitutional meaning outside the courts?
Keywords: Administrative law, state administrative law, state constitutional law, state agencies, campaign finance
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