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32 Cardozo L. Rev. 2189 (2010-2011)
The Executive Branch, Administrative Action, and Comparative Expertise

handle is hein.journals/cdozo32 and id is 2211 raw text is: THE EXECUTIVE BRANCH, ADMINISTRATIVE ACTION, AND COMPARATIVE EXPERTISE Stephen Breyer* How much deference should the Court give to an executive branch agency's own formulation of a policy or to an agency's determination of what a statute means? How willing should the Court be to overturn or to sustain an agency's decision about these matters? The answers to these technical-sounding questions are more important than one might think. Administrative decision making constitutes the bulk of executive branch work; and the bulk of its administrative decisions are subject to judicial review. Hence, the questions' answers help to define much of the Court-executive relationship. Moreover, agencies act within the confines of statutes. Hence, in answering the questions, the Court must keep Congress in mind. Most important, the answers affect the lives of ordinary Americans. While it is easy to see the effect of executive branch decisions on basic rights, such as the presidential order to send troops to Little Rock to enforce Brown, it is harder to remember that routine agency decisions can also affect our daily existence, often in profound ways. The answers matter, for they affect the way government works, the ability of modern government to solve the problems of ordinary Americans, and consequently the broader question this book considers: how the Court can earn the public's confidence by developing relationships with other institutions that will help government work well. 2189 * Associate Justice, United States Supreme Court. This Article is reprinted without change from STEPHEN BREYER, MAKING OUR DEMOCRACY WORK: A JUDGE'S VIEw ch. 9 (Alfred A. Knopf 2010). Reprinted with permission. Because the original format of the chapter has been preserved, some text and citations do not conform to Cardozo Law Review or Bluebook style.

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