Administrative Constitutionalism

The US Food and Drug Administration adopts a rule requiring tobacco companies to include graphic images warning of the health risks associated with smoking, defending the rule at length against the claim it violates the First and Fifth Amendments. The Department of Education and the Department of Ju...

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Bibliographic Details
Published in:Texas law review 2013-06, Vol.91 (7), p.1897
Main Author: Metzger, Gillian E
Format: Article
Language:English
Subjects:
Accountability
Administrative law
Bill of Rights-US
Constitution-US
Constitutional law
Constitutions
Enforcement
Equal rights
Government agencies
Political theory
Politics
Presidents
Public administration
Transparency
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Summary:The US Food and Drug Administration adopts a rule requiring tobacco companies to include graphic images warning of the health risks associated with smoking, defending the rule at length against the claim it violates the First and Fifth Amendments. The Department of Education and the Department of Justice (DOJ) jointly issue guidance explaining how elementary and secondary schools can voluntarily consider race consistently with governing constitutional law. The Office of Legal Counsel in DOJ issues a memorandum to the Attorney General concluding that the President had constitutional authority to commit US forces as part of the NATO military campaign in Libya and did not need prior congressional approval. These are three recent examples of "administrative constitutionalism," in that they involve actions by federal administrative agencies to interpret and implement the US Constitution. You should be cautious about extending the doctrinal and normative implications of administrative constitutionalism to constitutional construction more generally.
ISSN:0040-4411
1942-857X