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Part III Law, Ch.20 Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law

Gillian E. Metzger

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 16 January 2021

To some, the very idea of the constitutional law of the administrative state is an oxymoron. On this view, core features of the national administrative state—broad delegations and the combination of legislative, executive, and judicial power within administrative agencies, particularly agencies that are headed by unelected executive officials only removable on narrow grounds—are fundamentally at odds with both constitutional separation of powers principles and due process.1 To others, no such conflict between contemporary administrative governance and the...
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