Details of the Initiative
My book, Constitutional Review of the Administrative Agencies, examines the constitutional checks on the political branches in the areas of immigration, COVID-19, air and water quality, and energy production, using the United States as a comparison. Despite what the public may expect from President Trump in the face of the growing COVID-19 infection, the Constitution does not allow the President to act without the Constitution and the law. Infection control requires a basis in the Constitution or in laws enacted by Congress. The courts can stop President Trump’s authority from running amok. As the government implements infection control measures, it will need the accumulated experience and scientific knowledge of officials in the field as the infection situation changes from moment to moment. Regulations must be flexible as needed, based on scientific knowledge and accumulated experience in the field. Those who opposed mandatory masks and vaccinations tried to deny them in the name of constitutional rights. Over time, the courts have closely examined the benefits of infection control and the burdens on citizens. The Constitution requires courts to check administrative agencies and to devise and provide concrete remedies.
