The central concern of Judicial Fortitude, by Peter J. Wallison, is that the administrative agencies of the Executive Branch are gradually taking over the legislative role of Congress.
The courts bear the major responsibility for this, because they have failed to carry out their primary responsibility in the Framers’ constitutional structure: to assure that the three components of the separation of powers―Congress, the Executive and the Judiciary―remain independent and separate from one another.
Since 1937, the Judiciary has pulled back from this role, allowing the administrative agencies great latitude in their interpretation of their statutory authorities, and allowing the Executive Branch to assume more and more of the legislative powers of Congress.
The result has been the uncontrolled growth of regulation and a significant threat to the rule of law in the United States. Judicial fortitude is truly our only chance to rein in the legislative state.