Event Title

Independent Agencies: Form and Substance in Executive Prerogative

Presenter Information

Glen O. Robinson

Location

Duke Law School

Start Date

26-2-1988 10:45 AM

End Date

26-2-1988 12:00 PM

Description

Among other things, the Supreme Court's decision in Morrison v. Olson, upholding Congress's authorization of independent counsel to investigate and prosecute high-ranking government officials for violation of federal criminal laws, presumably will chill speculation that the Supreme Court is prepared to rethink the constitutionality of the independent agencies. Prior to the 1980s the constitutionality of the independent agencies had generally been thought secure on the strength of Humphrey's Executor. Despite recurrent criticism of that decision, there was no basis to think it was especially vulnerable. The Court's recent fascination with separation of powers, however, invited speculation about some radical reconstruction in administrative law, notably ineluding deconstruction of the independent agencies.

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Related Paper

Glen O. Robinson, Independent Agencies: Form and Substance in Executive Prerogative, 1988 Duke Law Journal 238-251 (1988)

Available at: http://scholarship.law.duke.edu/dlj/vol37/iss2/3


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Feb 26th, 10:45 AM Feb 26th, 12:00 PM

Independent Agencies: Form and Substance in Executive Prerogative

Duke Law School

Among other things, the Supreme Court's decision in Morrison v. Olson, upholding Congress's authorization of independent counsel to investigate and prosecute high-ranking government officials for violation of federal criminal laws, presumably will chill speculation that the Supreme Court is prepared to rethink the constitutionality of the independent agencies. Prior to the 1980s the constitutionality of the independent agencies had generally been thought secure on the strength of Humphrey's Executor. Despite recurrent criticism of that decision, there was no basis to think it was especially vulnerable. The Court's recent fascination with separation of powers, however, invited speculation about some radical reconstruction in administrative law, notably ineluding deconstruction of the independent agencies.