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“Administrative discretion must be exercised with restraint and reason. Power without accountability invites arbitrariness. Fair procedures are the backbone of legitimate administration.”

Last update Sept. 26, 2026. History

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“They operate by administrative discretion and authority, not the rule of law: There is no legislature, no group lawmaking body.”

Charles A. Reich (1928–2019) American lawyer

The Liberals' Mistake (1987)
Context: Liberals placed an unreasonable amount of faith in large institutions: unions, foundations, big government, large corporations, and universities. These institutions are based on principles that are antithetical to democracy. They are not democratic, they are hierarchical: Someone is at the top and everybody else is at the bottom. Their policies are not made democratically, they are made at the top. These institutions are also not egalitarian. They operate by administrative discretion and authority, not the rule of law: There is no legislature, no group lawmaking body.
The individual in the large organization does not have the kind of constitutional rights that an individual in the society at large has. There are no protections of autonomy and free speech. Employees can be fired for many reasons. We need to constitutionalize large organizations to protect the people within them, to ensure that they can be politically outspoken.

Hardinge Giffard, 1st Earl of Halsbury photo
William J. Brennan photo
D. V. Gundappa photo

“[The administrative state is legitimate because it] is consistent with the Constitution, fulfills its design, and heals a longstanding major defect.”

John Rohr (1934–2011) American political scientist

Source: To run a constitution, 1986, p. 13

Randal Marlin photo

“It is good to remember that the administration of justice is only just when it is exercised in conformity with the truth and the moral good.”

Juan Alberto Puiggari (1949) Argentine archbishop

Source: Argentinean bishop condemns mid term abortion, stresses that Church 'cannot remain silent' https://www.catholicnewsagency.com/news/20011/argentinean-bishop-condemns-mid-term-abortion-stresses-that-church-cannot-remain-silent (17 June 2010)

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“It's narrow sectors of domestic power that the administration is serving”

Noam Chomsky (1928) american linguist, philosopher and activist

Talk titled &quot;Why Iraq?&quot; at Harvard University, November 4, 2002 http://www.iop.harvard.edu/events_forum_archive_2002.html. <br class="br">Quotes 2000s, 2002 <br class="br">Context: [Q: isn&#x27;t there a certain calculus that someone who is sitting in the shoes of a Condoleezza Rice can make, that they&#x27;re responsible for the best outcome for American citizens, and there&#x27;s an upside of going into Iraq which is we get one of the greatest material possessions in world&#x27;s history, and there&#x27;re downsides which are: we upset the international community, and maybe there&#x27;s more terrorism. Couldn&#x27;t you envision a calculus where they say, sure, that&#x27;s the reason, and it&#x27;s a good reason, let&#x27;s do it. What&#x27;s the flaw in the calculus? ] Oh, I think that&#x27;s exactly their calculus. But then we ought to just be honest and say, &quot;Look, we&#x27;re a bunch of Nazis.&quot; So fine, let&#x27;s just drop all the discussion, we save a lot of trees, we can throw out the newspapers and most of the scholarly literature, and just come out, state it straight, and tell the truth: we&#x27;ll do whatever we want because we think we&#x27;re going to gain by it. And incidentally, it&#x27;s not American citizens who&#x27;ll gain. They don&#x27;t gain by this. It&#x27;s narrow sectors of domestic power that the administration is serving with quite unusual dedication...

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