Emory Corporate Governance and Accountability Review


Abraham Lincoln once stated 'The past is the cause of the present, and the present will be the cause of the future. All these are links in the endless chain stretching from the finite to the infinite.' Surely, Lincoln was not referring to the regulatory history of the country with his observation, but it is apt when 'the state of the administrative state' is being assessed. To understand the Trump Administration's overall stance toward the administrative state and its particular regulatory actions, both the recent past and the likely impacts on the immediate future need to be considered. Beyond the daily attention-grabbing headlines and bold anti-regulatory rhetoric of President Donald Trump, his administration is building momentum implementing a significant amount of actual regulatory change which will have lasting impacts. The impacts are not only in the particular policy areas of focus, such as health, environmental, banking, immigration, but also on the administrative state itself in terms of its capacity.