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from Part II - Confronting the Origin Myths of Administrative Law
Published online by Cambridge University Press: 02 October 2020
When the legal historian William Novak states, “the United States is distinctly a ‘legal or jural state,’”1 what does this mean? One very simple understanding is that the Constitution and the legal concepts contained in it are the supreme law of the land. Richard Epstein’s argument for the “classic liberal constitution” that “prized the protection of liberty and private property under a system of limited government”2 is one example of this. Phillip Hamburger’s framing of American government through legal concepts such as adjudication and legislation is another.3
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