The bicentennial of the framing of the Constitution witnesses the emergence of a new relationship between public administrators and the judiciary. This relationship grows out of the convergence of two of the great historical developments of the past half centurydevelopments which are so central as to define much of the character of the United States polity today. One is the establishment of a full-fledged administrative state during the period since the inception of the New Deal in 1933. The importance of the modern administrative state is attested to not only by the number of personnel it employs and the amount of resources it uses, but also by the extent to which it has become a critical element in