Commentary
As even many casual observers of America’s fractious politics are aware, the overwhelming majority of lawmaking at the federal level no longer takes place in Congress as the Constitution’s framers intended. Instead, the vast majority of the “rulemaking” governing Americans’ day-to-day lives now takes place behind closed doors, deep in the bowels of the administrative state’s sprawling bureaucracy. The brainchild of progressive President Woodrow Wilson, arguments on behalf of the modern administrative state are ultimately rooted in, among other factors, a disdain for the messy give-and-take of republican politics and an epistemological preference for rule by enlightened clerisy.
