The Least Dangerous Branch?
As the label "the least dangerous branch," coined by Alexander Hamilton in Federalist # 7, implies, the courts—insulated from politics—should defer to the Congress, particularly when it has in exercise of its power over interstate commerce plainly made its judgment known.
October 09, 2023 at 09:13 AM
5 minute read
RegulationIt has long been apparent to us that there is a deep skepticism on the Supreme Court about the "administrative state." Lambasted by Donald Trump as the "Deep State," it is, more broadly, the "alphabet agencies" which were at the heart of Franklin Roosevelt's New Deal agenda. The United States of America was founded by a coalition which fought a monarch whose power was waning as the House of Commons ascended. But to hear today's critics, we are faced with monarchical power. As recently said in the Wall Street Journal about the case Jarkesy v. Securities and Exchange Commission #22-859, now pending before the Supreme Court, "The fundamental constitutional problem is that the SEC combines enforcement and judicial power, acting as prosecutor, judge and jury."
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