Immigration Article of the Day: Administrator-in-Chief by Ming Hsu Chen
Administrator-in-Chief by Ming Hsu Chen,University of Colorado Law SchoolUniversity of Colorado, Boulder – Political Science August 15, 2016
Abstract: As the nation transitions from one presidential administration to the next, it will need to settle on a vision for the administrative state. This Article provides a framework for understanding the role of the President as administrator-in-chief of the executive branch. Given ongoing gridlock in Congress, the president and his agencies are likely to continue making policy. Which of those policies is legitimate, and which ought to be questioned, is ripe for debate. Institutional analysis of agencies from the inside out elucidates the conditions under which executive action is acceptable and the conditions under which it requires constraint. Case studies immigration policy, both pro- and anti-enforcement, illustrate these dynamics. Prescriptions for the president and his agencies balance the need for policy and restraint.
KJ