Wielding Waivers as Weapons

By Mona Charen
In Marbury v. Madison, Justice Marshall wrote: “The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation if the laws furnish no remedy for the violation of a vested legal right.” It will also cease to deserve that “high appellation” if we submit to the unreviewable discretion of agencies.
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