Summary: What are the duties and responsibilities of the Legislative and Judicial Branch in policing Executive Branch activities? Has the administrative state grown to an extent that the very balance of power between the three branches has changed, and have the coordinate branches taken a step back? When it comes to the separation of powers, and ensuring one branch does not encroach on the proper authority of another, Federalist 51 advises that, “Ambition must be made to counteract ambition.” Should Congress provide more robust oversight, or use its power of the purse more readily to rein in the Executive? Has the judiciary, through the non-delegation doctrine, Chevron deference, and its recent City of Arlington decision, struck the right balance? These and other questions will be addressed by our panelists. -- A key element of the Practice Groups' Executive Branch Review project is our annual conference. This year's Executive Branch Review Conference took place on May 7th at the Mayflower Hotel in Washington, D.C. -- Featuring: Mr. Charles J. Cooper, Partner, Cooper & Kirk, PLLC; Prof. William N. Eskridge, Jr., John A. Garver Professor of Jurisprudence, Yale Law School; and Prof. Neomi Rao, Associate Professor of Law, George Mason University School of Law. Moderator: Hon. David M. McIntosh, Partner, Mayer Brown LLP and Vice-Chairman, Board of Directors, The Federalist Society.
