Optimal abuse of power
@article{Vermeule2014OptimalAO,
title={Optimal abuse of power},
author={Adrian Vermeule},
journal={Case Western Reserve law review},
year={2014},
volume={109},
pages={673-694}
}I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will tolerate a predictable level of misrule, even abuse of power, as the inevitable byproduct of attaining other ends that are desirable overall. There are three principal grounds for this claim. First, the architects of the modern administrative state were not only worried about… Expand
2 Citations
Reconstructing Public Administration for the Commercial Republic Part I: The Madisonian Design, Its Flaws, and the Case for a Fourth Branch
- Political Science
- 2017
Drawing extensively on Stephen L. Elkin’s Reconstructing the Commercial Republic (2006), I review the essential features of James Madison’s constitutional design for the American republic. Madison… Expand
References
SHOWING 1-7 OF 7 REFERENCES
Political Cycles of Rulemaking: An Empirical Portrait of the Modern Administrative State
- Sociology, Political Science
- 2007
Despite the administrative state's extensive scope, we know little about how it operates as an empirical matter. This Article provides the first comprehensive empirical examination of agency… Expand
Administrative Procedures and Bureaucratic Performance: Is Federal Rule-making “Ossified”?
- Business
- 2010
We provide the first empirical assessment of the ossification thesis, the widely accepted notion that procedural constraints on federal agencies have greatly hindered the ability of those agencies to… Expand
Rationalizing Hard Look Review After the Fact
- 2009
Nat'l Cable & Telecomm. Ass'n v. Brand X Internet Serv
- 2005
Does Arbitrary and Capricious Review Significantly Interfere with Agency Ability to Achieve Regulatory Goals Through Informal Rulemaking?, 94 NW
- U. L. REV
- 2000
The Courts and the Ossification of Rulemaking: A Response to Professor Seidenfeld, 75 TEX
- L. REV
- 1997
Testing the OssificationThesis: An Empirical Examination of Federal Regulatory Volume and Speed
- 1950