A Proper Balance of Power

“Curbing the administrative state does not, to be sure, mean abandoning necessary regulations in areas from the environment to financial markets. But faithfulness to the Constitution does require subjecting them to the separation of powers.

. . . the proper balancing of powers may also make the centralization of authority, to the degree it is genuinely necessary, less threatening than orthodox constitutionalists have generally supposed it to be. That is, the danger to constitutionalism is not merely the extent to which authority is concentrated at the national level of government, but the extent to which it is concentrated within the national level. The dispersal of power makes an otherwise necessary allocation of power to the national government safer.”

–Greg Weiner, “A Constitutional Welfare State” in National Affairs