Federal employees micromanage every aspect of our lives, and yet, they have no constitutional authority to make the rules. We can't allow them to remake America.
Administrative agencies are creatures of legislation but directed by the executive branch, which has no constitutional authority to pass laws.
The book’s primary focus is on administrative agencies, but certain essays widen the topical scope.
President Obama and his executive officers enjoy the unique distinction of being the first violators of the law they championed and swore to uphold.
it in its entirety. I’ll start with Adler, who details, among other things, the manner in which the Obama administration exceeded the scope of its authority by delaying the implementation of the employer mandate found in the Patient Protection and Affordable Care Act, a.k.a. Obamacare. The first time his administration announced this delay was in a blog post.
Bradley and George, for their part, argue the Obama administration has “remapped” religion and society by erasing (or at least by seeking to erase) religious exercise and expression from the public sphere while subjecting private religious exercise and expression to novel and intrusive regulation.
Bradley and George argue the Obama administration is erasing religious exercise and expression from the public sphere.
For example, the Obama administration promulgated rules that compel religious employers to subsidize not just contraception but abortifacients for their female employees. The exception to this requirement was crafted such that no religious institution could qualify to opt out. The Obama administration promulgated another rule that may effectively eliminate government contracts with religious-based humanitarian organizations that provide care and counseling for crisis pregnancies. Executive Order 13672, which became effective in April of last year, adds sexual orientation and general identity to the non-discrimination categories or classes under Title VII of the Civil Rights Act of 1964. The list could go on—and does go on in Bradley and George’s sustained critique.
It will take a new kind of president to roll back the administrative state altogether.