I wrote at some length about the inconsistency of administrative law with what we understand to be our constitutional system in “Crisis of the administrative state.” Searching around online for additional sources of learning on the subject, I happened to discover a listing for Professor Philip Hamburger’s then forthcoming book, Is Administrative Law Unlawful?
I brought the listing to the attention of our friends at National Review, hoping the magazine would take note of the book. I was afraid the book might die on the vine for lack of attention, but it has been reviewed both in the Wall Street Journal (behind the Journal’s subscription paywall) and the Weekly Standard. That’s quite an accomplishment for a sober work of legal scholarship published by a university press.
Our friends at NR sent me their review copy. Thanks to Rich Lowry and Michael Potemra, my review of the book appears in the current (August 11) issue of NR, on your newsstand now. This morning NR has posted the review online with a rewritten introduction to relate the book to the week’s headlines. Please check it out: “A new old regime.”
In his vitally important book, Professor Hamburger demonstrates the regressive nature of the Progressive project. He explains and vindicates the original project of the Constitution in erecting barriers to the exercise of absolute power. As Barack Obama brings the crisis of the administrative state to full boil, I believe that Professor Hamburger has given us, not a book of the season, but a book for all seasons.
NOTE: Thanks to the folks at RealClearPolitics for including the review in their honor roll this morning.