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It fits the strategy of Republicans to undermine democratic power to regulate business. One prong of that strategy is to undermine administrative law courts, c
by wolverine876 3y ago
It fits the strategy of Republicans to undermine democratic power to regulate business.
One prong of that strategy is to undermine administrative law courts, courts that operate in the executive branch rather than in the judicial branch. Their function is to efficiently and fairly adjudicate, including providing due process, decisions that are within the executive branch's purview (permitted by the Constitution, legislated by Congress, and approved by a President). One way to think of the courts is that the Executive already has this power; the make it's admistration more fair by using a judicial process.
At least some, but possibly all administrative law courts allow appeal to the judicial branch (i.e., federal courts, article III of the Constitution).
Without administrative law courts, it's hard to imagine how to govern fairly or effectively. Either the executive branch can't carry out its duties, or I guess (not being an expert) they carry them out more arbitrarily, without due process, which permits more politicization and corruption - both outcomes are actually sought to at least some people in the conservative movement, to radically reduce the power of government and/or to empower the President.
I very much doubt there is capacity in the judiciary to take on the very many decisions in administrative law.