ABSTRACT Is the United States at risk of democratic backsliding? And would the
Constitution prevent such decay? To many, the 2016 election campaign and the conduct of …

Most jurists and scholars today take for granted that the US Constitution imposes unwritten
but judicially enforceable limits on how Congress and the President may construct their …

In the past two years, the Supreme Court has invalidated two major executivebranch
initiatives-the termination of the Deferred Action for Childhood Arrivals (DACA) policy and …

Common wisdom has it that bureaucrats are unaccountable to the people they regulate and
must therefore be closely supervised by elected officials or (perhaps ironically) the federal …

Regulatory commissions were invented during the Progressive Era and designed to bring
expertise-driven decision making to the administrative state. The commissions were …

The nature of the presidency in American constitutional governance cannot be understood
without reference to norms. 1 These unwritten or informal rules of political behavior provide …

In November 2014, President Obama announced his intention to dramatically reshape
immigration law through administrative channels. Together with relief policies announced in …

This Article tells the story of the transition from constitutional to administrative to privatized
governance. It is a story of the perennial struggle between state power and constraint …

C onstitutionalism is the project of creating, allocating, and constraining state power. Doing
any of these things successfully requires constitutional designers and interpreters to …

Untitled Page 1 Page 2 THE POWER AND INDEPENDENCE OF THE FEDERAL RESERVE Page
3 Page 4 THE POWER AND INDEPENDENCE OF THE FEDERAL RESERVE PETER CONTI …