The argument for the power is that all federal agencies/ officials are subject to the President of the United States, who is elected accommodating the new power democratically so that it does not need to be voted on directly by the public; where the counter is that “agencies remain inefficient, ineffective, and undemocratic;” attempting to justify that the public’s inability to vote for the policy that the agency adopts is undemocratic/ constitutional (Harvard Law Review).
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Dr. Michael Greve, a law professor at George Mason University School of Law, defines the current implemented administrative state of the United States as, “a power once known as “prerogative”—that is, the power to make binding rules without law, outside the law, or against the law, exercised by someone other than an elected legislature” (Greve).
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