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Tuesday, December 27, 2022 7:04:38 PM
similar to the sort of governance that thrived long ago in medieval
and early modern England under the name of the “prerogative.” In
fact, the executive’s administrative power revives many details of
[the] king’s old prerogative power. Administrative law thus turns
out to be not a uniquely modern response to modern circumstances,
but the most recent expression of an old and worrisome
development.17
The administrative state is not something that the founding generation
simply could not have imagined. The founders did not need to imagine it,
because they and their ancestors lived it—and resoundingly rejected it."
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