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75 Geo. Wash. L. Rev. 696 (2006-2007)
Overseer, or the Decider - The President in Administrative Law

handle is hein.journals/gwlr75 and id is 706 raw text is: FOREWORD Overseer, or The Decider'? The President in Administrative Law Peter L. Strauss* The accretion of dangerous power does not come in a day. It does come, however slowly, from the generative force of un- checked disregard of the restrictions that fence in even the most disinterested assertion of authority. I All will agree that the Constitution creates a unitary chief execu- tive officer, the President, at the head of the government Congress defines to do the work its statutes detail. Disagreement arises over what his function entails. Once Congress has defined some element of government and specified its responsibilities, we know that the consti- tutional roles of both Congress and the courts are those of oversight of the agency and its assigned work, not the actual performance of * Betts Professor of Law, Columbia University School of Law. Special thanks to Jeffrey Vernon for his imaginative, thorough, and insightful research assistance; my Columbia col- leagues for their thoughtful observations in two faculty colloquia and many conversations; and Professors Harold Bruff, John Manning, Trevor Morrison, and Kevin Stack for their helpful comments. Mark Knights of The George Washington Law Review has been a thoughtful and careful editor; the Law Review has provided a number of footnotes and parenthetical characteri- zations it found useful. This paper was initially presented, with the Law Review's sponsorship, as a talk to the No- vember 2006 meeting of the ABA Section of Administrative Law and Regulatory Practice; much has changed since then-and will doubtless continue to change. No effort has been made to deal with developments or literature appearing after March 15, 2007. 1 Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 594 (1952) (Frankfurter, J., concurring). June 2007 Vol. 75 No. 4

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