So of the two, which is more likely to begin dismantling Administrative Law?
And why is that important?
...As Thomas Jefferson had it, “the natural progress of things is for liberty to yield, and government to gain ground.” There are no new fights in politics.
Do we know this? In the United States, as in the rest of the Anglosphere, we seem to believe that we are the children of legislatures, not of kings; the beneficiaries of careful reasoning, not of iron will; the heirs to a safe political settlement immune to disintegration. That we are proud of our institutions is understandable. But our unshakeable confidence in their permanence is not. There is nothing written in the stars that secures in perpetuity our free system of laws. There are no stone tablets upon which legislative supremacy and judicial integrity are guaranteed against usurpation. Men’s hearts are no less ambitious this week than they were in the era of the pyramids....