Episode 413: Writs Wrangles and Administrative Law

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Writs Wrangles and Administrative Law are very much interrelated in our modern times. Yet the problem with them is no different than what began with the ‘Writs of Assistance,’ which were challenged by James Otis in 1761.

History tells us of the abuse of Writs such that the actions became one of the many explicit complaints that moved the Colonies closer to separation from Great Britain. Ultimately, the underlying issues became the impetus for the 4th Amendment.

Wrangles Continue To The Present
I use ‘wrangles’ in the context of both Writs and Administrative Law. Both are ‘disputes and arguments, that are long suffering in time and complicated.’ We have to understand that human sinful unregenerate nature will have individuals or group moving to dominate those in their families, towns, counties, states, nations, cultures, etc.

Use of writs in the manner of 1761 and presently as by the administrative state was once held back by the courts. Quoting from her paper in the References, Susan E. Dudley writes:

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