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Judicial Fortitude: The Last Chance to Rein In the Administrative State, by Peter J. Wallison
PDF Download Judicial Fortitude: The Last Chance to Rein In the Administrative State, by Peter J. Wallison
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About the Author
Peter J. Wallison is a senior fellow at the American Enterprise Institute. Before joining AEI in 1999, he practiced law as a partner of Gibson, Dunn & Crutcher in the firm’s Washington and New York offices. He graduated from Harvard Law School in 1966. From 1974 to 1976, he was counsel to Vice President Nelson Rockefeller. He was general counsel of the Treasury Department from 1981 to 1985, and White House counsel for President Ronald Reagan from 1986 to 1987. He is the author or coauthor of several books, including Ronald Reagan: The Power of Conviction and the Success of His Presidency (2003) and Hidden in Plain Sight: What Really Caused the World’s Worst Financial Crisis and Why It Could Happen Again (Encounter Books, 2015).
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Product details
Hardcover: 216 pages
Publisher: Encounter Books (October 16, 2018)
Language: English
ISBN-10: 1641770082
ISBN-13: 978-1641770088
Product Dimensions:
6.2 x 0.8 x 9.2 inches
Shipping Weight: 1 pounds (View shipping rates and policies)
Average Customer Review:
4.9 out of 5 stars
11 customer reviews
Amazon Best Sellers Rank:
#74,871 in Books (See Top 100 in Books)
Peter Wallison wants to restore the Constitution. He doesn’t exactly say that. Nor does the book jacket blurbs and other reviews. But that is clearly where his book leads. The original role of the legislative and executive branches, subjects of Articles I and II of the Constitution, is being usurped by unelected bureaucrats in federal government agencies. Only the third branch, the subject of Article III, the judiciary, can now offer us a solution. But they, too, have until now allowed this situation to develop.The administrative state is replacing the elected representatives in our government. Madison and Hamilton would be appalled. Peter Wallison, in Judicial Fortitude, gives us numerous examples. Foremost among these, is the Dodd-Frank Act and its pernicious spawn the Consumer Financial Protection Bureau (CFPB). In his previous book, Hidden in Plain Sight, the author gave us an explanation of the cause of the 2008 financial crisis. The Dodd-Frank authors clearly did not pay close attention to Wallison’s explanation.Congress has ducked the difficult decisions that its legislative role requires. The President has little or no effect on shaping or constraining the thousands of regulations issued every year by the agencies of the administrative state. Only the Judiciary is left. However, as most of Judicial Fortitude is devoted to telling us, in its 1984 decision in Chevron v. Natural Resources Defense Council, the Supreme Court directed the lower courts to defer to the agencies’ interpretation of congressional legislation. This, in turn, lead to agencies being guided by what they “felt†were the intentions of Congressmen rather than depending on the written words of the law.On that key point, Wallison quotes the brilliant and insightful words of Justice Clarence Thomas “to be governed by legislated texts rather than legislators’ intentions is what it is to be a Government of laws, not of men.â€The Chevron decision is just plain wrong as it undermines the entire constitutional structure. In the same landmark decision that established the Supreme Court’s duty to rule if a law is unconstitutional – Marbury v Madison – Chief Justice John Marshall explained that “It is emphatically the province and duty†of the federal courts to say “what the law is.†Yet, in Chevron, they ducked that duty.This book’s title derives from Alexander Hamilton, writing in Federalist # 78, “that it would require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of the Constitution.†Wallison concludes Judicial Fortitude by telling us that “we must imbue the judiciary with the fortitude the Framers expected from independent judges.†What he is really saying is that we must now look to the third branch, the judiciary, to restore the Constitution.One does not have to be an attorney to understand or appreciate what Peter Wallison has written in this book. You just have to love the Constitution. I do, and I applaud Peter Wallison for writing Judicial Fortitude.
Peter Wallison’s latest book, Judicial Fortitude – The Last Chance to Rein In the Administrative State - is a must-read in our current political climate, not just for Constitutional scholars and students, but for anyone interested in the growing national policy debate about the rule of law. Not to be confused with the current discourse on the so-called “deep state,†his book is a scholarly contribution about the public policy opportunity today to correct the past imbalance in the respective roles of the three branches of the U.S. government.Wallison - American Enterprise Institute (AEI) senior fellow, former White House counsel to President Ronald Reagan, and accomplished author - authoritatively describes the growth and mission creep of federal agencies within the executive branch of our government at the expense of the legislative branch. To complete the triad of our democratic republic, he cites the judicial branch for failing over decades to not only enforce the separation of the two other branches under our Constitution, but also prevent the federal government through the administrative state from creeping further and further into all aspects of our daily lives. He affirms that the checks and balances of government are not working as the Framers of our Constitution intended and cites many examples in his new treatise.The author methodically takes the reader through the evolution of the administrative state and the expansive role it has come to play in society. For the lay reader, he carefully dissects the separation of powers and the checks and balances our founding fathers enshrined in the Constitution. Wallison guides us through what the Framers originally intended to what Progressives later put in place in terms of economic regulation over decades, explaining the importance of Supreme Court cases such as Marbury v. Madison as well as the Chevron and Nondelegation Doctrines in terms that non-lawyers can appreciate.You don’t have to be an attorney to understand either the historical lessons in Judicial Fortitude or Wallison’s policy prescriptions to correct the imbalance of today’s administrative state. Wallison ends on a note of optimism that the excesses of the administrative state can be reversed and a better balance achieved between the legislative and executive branches.The next few years are critical in determining whether Wallison is correct. Judicial Fortitude is an easily readable and significant contribution to the ongoing public debate.Gregory P. Wilson, author, Managing to the New Regulatory Reality: Doing Business Under the Dodd-Frank Act
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