The New Royal Prerogative: Philip Hamburger on Administrative Law
Confused by all the talk around Halbig v. Burwell? Rumors abound that this case represents the next big legal challenge to Obamacare, but how do we know it's not just hype surrounding a technicality, as the law's supporters suggest? In Halbig, an IRS interpretation of Obamacare – dubious, but crucial to the law's implementation – was rejected by the courts as an unlawful use of administrative authority. The underlying concern is the ongoing revival of extralegal executive powers – akin to the "Royal Prerogative" of yore – under the banner of "Administrative Law." If the Halbig decision stands, it would represent at least a small win against the growth of executive power. But health care isn't the only area where increasingly absolute executive authority is eroding the checks and balances of our constitutional government. Columbia Law Professor Philip Hamburger will join the show to clear up the confusion, and to reveal the long historical struggle to constrain extralegal power as told in his fascinating new book, Is Administrative Law Unlawful?