Article
RESURRECTING CONGRESS TO REDUCE ADMINISTRATIVE CHAOS.doc.rtf
Tennessee Journal of Law and Policy
(2019)
Abstract
This symposium’s title is “Administrative Law in a Time of Chaos.” The chaos that is characteristic of today’s rich world countries stems from stresses that confront national electorates, including socio-economic immobility, a perceived migratory surge from developing countries, and a sense that the democratic process is rigged in favor of elites and minorities against the interests of the broader public.1 Concomitants of these stresses include President Trump’s election as U.S. President and a dramatic rise in support for extreme political movements that promise simple solutions to complex problems, usually by scapegoating the courts, religious minorities and migrants. These extreme political movements are, like those of the past, hostile to the procedural constraints imposed by the rule of law and the due process obligations imposed upon the government by administrative law, simply defined as the law of government. The rule of law and due process in government administration have to be seen as nonnegotiable and proponents of authoritarianism, including President Trump’s former chief strategist, Steve Bannon, who advocate for “deconstruction of the administrative state,” must be opposed as a matter of principle to the degree their position is antithetical to pluralism and the rule of law.2 However, it is important to differentiate objections to administrative overreach and a principled belief in the separation of powers from reflexive illiberalism. One of the driving reasons for separation of powers transgressions by the Executive Branch is that the government branch responsible for drafting legislation *21 and holding administrative agencies to account, Congress, is overmatched, starved of resources, hyperpolarized and incapable of taking its proper role under the U.S. Constitution.
I recommend two simple changes. The first is to statutorily increase the number of representatives from the current 435 to 1250 with a minimum of three per state.3 The second is to have Congress change our system of electing representatives from the current single member plurality paradigm to a statewide-proportional representation system with a vote threshold requirement for representation.4 These changes will enable Congress to take its proper role in the U.S. Constitutional structure by providing it with greater resources to better anticipate and address issues of broader public concern and legislate and oversee administrative agencies.
Should it do so, the U.S. will, ideally, minimize the chaos that characterizes today’s political climate and, over time, engender a more cohesive, capable and less partisan political culture.
Keywords
- Administrative Law,
- Election Law,
- Congress,
- Political Polarization,
- Voting Rights
Disciplines
Publication Date
Summer June 1, 2019
Citation Information
14 Tenn. J. Law & Pol'y 19 (2019)
Creative Commons license
This work is licensed under a Creative Commons CC_BY International License.