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ILYA SOMIN is Professor of Law at George Mason University. His research focuses on constitutional law, property law, and the study of popular political participation and its implications for constitutional democracy. He points out that the rule of law has largely been supplanted by the rule of chance and the rule of executive discretion. Further, federal agencies have very broad discretion to interpret and reinterpret the laws they enforce, so long as the agency’s view is “reasonable.” The result is that the law can change substantially whenever a Republican administration replaces a Democratic one, or vice versa – even if Congress does not pass any new legislation.
Read his short article here:
https://fee.org/articles/the-case-against-overcriminalization/?utm_source=FEE+Email+Subscriber+List&utm_campaign=bf2d31d21e-MC_FEE_DAILY_2017_10_07&utm_medium=email&utm_term=0_84cc8d089b-bf2d31d21e-108401289