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Is Administrative Law Undermining Political Accountability?

In this episode of Ask The Judge, former Wisconsin Supreme Court Justice Daniel Kelly asks a hard question: Is administrative law at odds with political accountability? From James Madison’s warning about human nature to Thomas Sowell’s insight that there are no solutions, only trade-offs, Justice Kelly unpacks how Congress often shifts hard choices onto unelected bureaucrats. With more than 10,000 laws beginning “the Secretary shall…,” legislators avoid blame—while agencies wield power without ever facing voters.

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