The Limits of Administrative Law in a TIme of Revolution

Document Type

Article

Publication Title

Louisiana Law Review

Version

Pre-publication version of article; page numbering differs from final published journal article.

Journal Abbreviation

La. L. Rev.

Abstract

Administrative law, including the Due Process Clause, and in particular the Administrative Procedure Act (APA) have traditionally been the means to control statutory or constitutional overreach by the federal government. The APA is strong medicine, and for some years has provided a potent check on both parties’ administration’s agency actions that stretch the law. The United States is at present, however, in the midst of a political revolution almost without precedent. How has administrative law performed during this revolution? This Article will first describe why President Trump’s actions in the first six months of his second administration qualify not as significant change, but as revolutionary. It then will address several different aspects of that revolution and how administrative law has responded to them. Finally, it will conclude with an assessment of why administrative law has largely failed to halt the revolution.

First Page

1

Last Page

31

Publication Date

2026

Comments

The page numbering in the linked pre-publication article differs from the final published article, which appeared on pp. 685-715 of the journal issue. 

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