Administrative Law Co-Sponsored by Constitutional Law

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Session Type: Section Programs

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With increasing political polarization, Congress has found it difficult to enact major legislation. The executive branch has filled this void partly through increased activity by administrative agencies. Presidents also have become more active in making law on their own through expanded use of executive orders. Some recent executive orders have had significant regulatory impact. Panelists will consider the historical use of executive orders; the processes behind their adoption; the politics of executive orders; recent usage by the Trump and Biden administrations; the legal framework governing the availability and scope of judicial review of executive orders; and proposals for reform.