Scholarship@WashULaw

Document Type

Article

Language

English (en)

Publication Date

2023

Publication Title

Washington University Law Review

Abstract

The most substantial change in the United States Government has been the extraordinary growth and increased complexity of the United States Government itself. George Washington initially was President of a country with a population of about four million, eleven States, and three Cabinet Departments (State, Treasury, and War). Washington’s Government had no standing army, no Social Security, Medicare or Medicaid, and no programs addressing the environment, labor, or health. In 1791, the Treasury Department had approximately 500 employees, the War Department had 12, the State Department, 8.

Today, the National Government has twenty-four Cabinet members. In 2023, there are 2.89 million federal employees, 1.2 million grant employees, 1.3 million active-duty military personnel, and more than 500,000 postal service employees—or a total of approximately 10 million workers. The Federal Government is the Nation’s largest employer, with approximately 6.3% of total employment in the United States.

Keywords

Administrative State, Major Questions Doctrine, Chevron Doctrine, Judicial Assault

Publication Citation

Joel Seligman, The Judicial Assault on the Administrative State Regulating Upheavals in the Securities Markets and Boardrooms, 100 Wash. U. L. Rev. 1687 (2022)

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