From lawsuits over the federal government’s vaccine mandates or the Environmental Protection Agency’s regulation of carbon emissions, the Supreme Court is debating the constitutional scope of the administrative state more vigorously than at any time since the New Deal. Join Lisa Heinzerling of Georgetown University Law Center, Ilan Wurman of Arizona State University Law, and William J. Novak, author of New Democracy: The Creation of the Modern American State, for a conversation exploring the rise of the administrative state, current cases about the scope of its power, and its future. Lana Ulrich, senior director of content at the National Constitution, moderates.
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Lisa Heinzerling is the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center. During her time at Georgetown, Heinzerling has continued to litigate cases in environmental law. Most prominently, she served as lead author of the winning briefs in Massachusetts v. EPA. She has also served as Senior Climate Policy Counsel to the Administrator of the Environmental Protection Agency, Associate Administrator of EPA’s Office of Policy, and as a member of President Obama’s EPA transition team.
Ilan Wurman is an associate professor at the Sandra Day O'Connor College of Law at Arizona State University. He writes on administrative law, separation of powers, and constitutionalism, and his academic writing has appeared in numerous law journals. He latest book is The Second Founding: An Introduction to the Fourteenth Amendment.
William J. Novak is the Charles F. and Edith J. Clyne Professor of Law at the University of Michigan School of Law. He previously was a professor of history at the University of Chicago and a research professor at the American Bar Foundation. He is the author or editor of several books, including most recently, New Democracy: The Creation of the Modern American State.
Lana Ulrich is the senior director of content, constitutional fellow, and senior counsel at the National Constitution Center, where she manages the Center's constitutional content and programming, including podcasts, America's Town Hall programs, exhibits, the online Interactive Constitution, and the Constitution Daily blog. She also assists with any legal matters relating to the Center's operations.
Additional Resources
- Frank Ackerman and Lisa Heinzerling, Priceless: On Knowing the Price of Everything and the Value of Nothing
- Massachusetts v. Environmental Protection Agency (2007)
- Ilan Wurman, Administrative Law Theory and Fundamentals: An Intergrated Approach
- William J. Novak, New Democracy: The Creation of the Modern American State
- William J. Novak, The People's Welfare: Law and Regulation in Nineteenth-Century America
- Gordon Wood, The Creation of the American Republic, 1776-1787
- Cornell Law School, Legal Information Institute, "Nondelegation Doctrine"
- Ilan Wurman, The Yale Law Journal, "Nondelegation at the Founding"
- Walter Weyl, The New Democracy: An Essay on Certain Political and Economic Tendencies in the United States
- West Virginia v. Environmental Protection Agency
- Michael Sebring, Georgetown Journal of Law & Public Policy, "The Major Rules Doctrine"
- Food and Drug Administration v. Brown & Williamson Tobacco Corporation (2000)
- MCI Telecommunications Corporation v. American Telephone & Telegraph Company (1994)
- Gundy v. United States (2019)
- Cass Sunstein, The University of Chicago Law Review, "Nondelegation Canons"
- Ilan Wurma, Minnesota Law Review, "Beyond Formalism and Functionalism in Separation of Powers Law"
- Michigan v. Environmental Protection Agency (2015)
- John Hart Ely, Democracy and Distrust: A Theory of Judicial Review
- Christian List, Stanford Encyclopedia of Philosophy, "Social Choice Theory"
TRANSCRIPT
This transcript may not be in its final form, accuracy may vary, and it may be updated or revised in the future.
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