The President's Pen and the Bureaucrat's Fiefdom

25 Pages Posted: 19 Jul 2017

See all articles by John C. Eastman

John C. Eastman

Chapman University, The Dale E. Fowler School of Law; Claremont Institute Center for Constitutional Jurisprudence

Date Written: 2017

Abstract

Perhaps spurred by aggressive use of executive orders and “lawmaking” by administrative agencies by the last couple of presidential administrations, several Justices on the Supreme Court have recently expressed concern that the Court’s deference doctrines have undermined core separation of powers constitutional principles. This article explores those Justice’s invitation to revisit those deference doctrines and some of the executive actions that have prompted the concern.

Keywords: Deference, Administrative Law, Agencies, Chevron, Skidmore, Auer, Separation of Powers, Executive Orders, TARP, President Bush, President Obama, Gender Identity, Cap-And-Trade, DACA, DAPA, Immigration

Suggested Citation

Eastman, John C., The President's Pen and the Bureaucrat's Fiefdom (2017). Harvard Journal of Law and Public Policy, Vol. 40, 2017. Available at SSRN: https://ssrn.com/abstract=3002662

John C. Eastman (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States
714-628-2587 (Phone)

HOME PAGE: http://www.chapman.edu/law/faculty/eastman.asp

Claremont Institute Center for Constitutional Jurisprudence

1317 W. Foothill Blvd., Suite 120
Upland, CA 91786
United States
877-855-3330 (Phone)

HOME PAGE: http://https://www.claremont.org/center-for-constitutional-jurisprudence/

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