EPISODE · Jul 29, 2026 · 45 MIN
Slaughtering the Administrative State
from Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America · host Mark Tushnet, Louis Michael Seidman
Using the Court’s decision allowing the President to remove members of independent agencies from their offices we range rather widely—into a discussion of departmentalism, the strategic problems facing democrats after they expel autocrats from office, and the choice between restoring the pre-Trump administrative state and reconstructing a new administrative state with a new balance among expertise, political control, and direct popular participation in decision-making in a response to some sensible impulses underlying contemporary populism.
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Slaughtering the Administrative State
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