The United States is in the midst of a “constitutional moment,” a neologism invented by my Yale Law School colleague Bruce Ackerman to describe the reality that changes of constitutional magnitude are sometimes made in the United States without the benefit of a formal amendment to our constitution. The big issue now is an on-going reconsideration of “the Administrative State.” That pejorative term describes the gradual migration of decision-making power away from the popularly elected Congress and into a vast bureaucracy of unelected federal officials.

Read Yale Law Professor and E&W Law Partner E. Donald Elliott’s article on the judicial reconsideration of the administrative state. Click Here