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Indiana Law Journal

President/Executive Department

Separation of Powers

Publication Year

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Full-Text Articles in Courts

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker Jul 2020

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

elected representatives, unelected bureaucrats increasingly make the vast majority

of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

areas: delegation, deference, and independence.

This trend is about to be reversed. In the coming years, Congress will …


Separation, Politics And Judicial Activism, Wallace Mendelson Jan 1977

Separation, Politics And Judicial Activism, Wallace Mendelson

Indiana Law Journal

Symposium: Separation of Powers


Introduction To The Separation Of Powers Symposium Jan 1977

Introduction To The Separation Of Powers Symposium

Indiana Law Journal

No abstract provided.


Separation Of Powers And International Executive Agreements, Arthur W. Rovine Jan 1977

Separation Of Powers And International Executive Agreements, Arthur W. Rovine

Indiana Law Journal

Symposium: Separation of Powers