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Rejecting Judicial Deference


As the administrative state grows, it increasingly distorts the political process of self-governance by increasing the distance between the public at large and those who make high level policy decisions. Unelected bureaucrats, unaccountable to the people, have control over policies that can drastically impact the opportunities afforded to everyday Americans.

The history and importance of some of the most crucial principles undergirding the Constitution’s creation and implementation are drastically distorted, misunderstood, or unknown. The separation of powers is one of the many widely misunderstood principles of the Constitutional era. Because of the newfound common, even if misguided, understanding of the Founders’ views on constitutional crises, there is an opportunity to further an honest discussion and analysis of the principles espoused by the founding generation and the liberating nature of careful adherence to the principles of the Constitution.

This working paper was originally published through the Pacific Legal Foundation.