Scholarly Work Related To The Administrative State

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  • Executive orders
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      • Presidential Executive Order 12866 (Bill Clinton, 1993)
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      • Presidential Executive Order 13258 (George W. Bush, 2002)
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      • Presidential Executive Order 13497 (Barack Obama, 2009)
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      • Presidential Executive Order 13765 (Donald Trump, 2017)
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      • Executive Order: Exclusions From Federal Labor-Management Relations Programs (Donald Trump, 2025)
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      • Executive Order: Eliminating the Federal Executive Institute (Donald Trump, 2025)
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Administrative State
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Five Pillars of the Administrative State
•Agency control
• Executive control
• Judicial control
•Legislative control
• Public Control

Click here for more coverage of the administrative state on Ballotpedia.
Click here to access Ballotpedia's administrative state legislation tracker.

Below is a list of scholarly work related to the administrative state. This coverage is part of Ballotpedia's administrative state coverage, which provides encyclopedic information about the administrative and regulatory activities of the United States government. The coverage area features concepts, laws, court cases, executive orders, scholarly work, and other material related to the administrative state.

For a list of all related pages, see the Administrative State Index.


Scholarly work related to the administrative state
"'The People Surrender Nothing': Social Compact Theory, Republicanism, and the Modern Administrative State" by Joseph Postell (2016)
"1930s Redux: The Administrative State Under Siege" by Gillian E. Metzger (2017)
"Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000)
"Against Administrative Judges" by Kent Barnett (2016)
"Agency Rules With the Force of Law: The Original Convention" by Thomas W. Merrill and Kathryn Tongue Watts (2002)
"APA: Past, Present, Future" by Martin Shapiro (1986)
"Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017)
"Constitutionalism after the New Deal" by Cass R. Sunstein (1987)
"Formal and Functional Approaches to Separation of Powers Questions—A Foolish Inconsistency" by Peter L. Strauss (1987)
"From Administrative State to Constitutional Government" by Joseph Postell (2012)
"Gundy v. United States: Reflections on the Court and the State of the Nondelegation Doctrine" by Jennifer Mascott (2018)
"In Defense of a Little Judiciary: A Textual and Constitutional Foundation for Chevron" by Terence J. McCarrick Jr. (2018)
"Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002)
"Judicial Deference to Administrative Action—A Revisionist History" by Ann Woolhandler (1991)
"Judicial Deference to Administrative Interpretations of Law" by Antonin Scalia (1989)
"Law and Administration after Chevron" by Cass Sunstein (1990)
"Libertarian Administrative Law" by Cass R. Sunstein and Adrian Vermeule (2015)
"Marbury and the Administrative State" by Henry Paul Monaghan (1983)
"Petitioning and the Making of the Administrative State" by Maggie McKinley (2018)
"Reforming the Administrative State" by Elaine Kamarck and Tony Mills (2017)
"Rulemaking as Legislating" by Kathryn Watts (2015)
"Statutory Interpretation and the Balance of Power in the Administrative State" by Cynthia R. Farina (1989)
"The Administrative Agency in Historical Perspective" by Bernard Schwartz (1961)
"The Administrative State and The Rule of Law" by John A. Allison and Philip Hamburger (2017)
"The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016)
"The Constitutional Case for Chevron Deference" by Jonathan Siegel (2018)
"The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017)
"The Nondelegation Doctrine: Alive and Well" by Jason Iuliano and Keith E. Whittington (2017)
"The Origins of Judicial Deference to Executive Interpretation" by Aditya Bamzai (2017)
"The Place of Agencies in Government: Separation of Powers and the Fourth Branch" by Peter L. Strauss (1984)
"The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007)
"The Rise and Rise of the Administrative State" by Gary Lawson (1994)
"The Role of Guidances in Modern Administrative Procedure: The Case for De Novo Review" by Richard Epstein (2015)
"The Study of Administration" by Woodrow Wilson (1887)
"The Threat to Liberty" by Steven F. Hayward (2017)
"Thin Rationality Review" by Jacob Gersen and Adrian Vermeule (2016)
"Trump and the Fate of the Administrative State" by John Marini and Tony Mills (2017)
"Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008)
The Federalist Papers

See also[edit]

  • Ballotpedia's administrative state coverage
  • Administrative State Index
    • Agencies and offices of the administrative state
    • Concepts, terms, and definitions related to the administrative state
    • Court cases and lawsuits related to the administrative state
    • Executive orders related to the administrative state
    • Laws, statutes, and bills related to the administrative state

Categories: [Overviews of The Administrative State Project]


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