Critical Reflections on Hamiltonian Perspectives on Rule‐Making and Legislative Proposal Initiatives by the Chief Executive

Abstract

Reflecting on James Hart and Edwin Witte’s analysis affords the field a rare opportunity to observe the complexities of a separation‐of‐powers system in action. In making their case, they underscored the importance of the president having a substantial supervisory role in the way administrative agencies write rules and propose legislative measures. As a result, they ignored Congress’s constitutional responsibility to supervise, regulate, and guide these areas of administrative law. Their highly controversial arguments not only provide the field with a broader understanding of the overall mission of the Brownlow Committee, but also we can see how they influenced the development of the administrative state.