Bureaucracy in America : the administrative state's challenge to constitutional government

Bibliographic Information

Bureaucracy in America : the administrative state's challenge to constitutional government

Joseph Postell

(Studies in constitutional democracy)

University of Missouri Press, 2017

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Note

Includes bibliographical references (p. 375-387) and index

Description and Table of Contents

Description

The rise of the administrative state is the most significant political development in American politics over the past century.  While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined.  This threatens constitutionalism and the rule of law.  This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

Table of Contents

Introduction Chapter 1 – An Improved Science of Administration: Administration and the American Founding Chapter 2 – Well-Regulated and Free: Administration and Constitutionalism in the Early Republic Chapter 3 – Executive-Centered Administration: Administrative Law and Constitutionalism during the Jacksonian Era Chapter 4 – The Beginning of Bureaucracy? Administrative Power after the Civil War Chapter 5 – A New Science of Administration: Progressivism and the Administrative State Chapter 6 – The Crisis of Legitimacy: The New Deal Challenge to American Constitutionalism Chapter 7 – “A Surrogate Political Process”: The 1970s Administrative Law Revolution Chapter 8 – The Conservative Counterrevolution? The Rise of a Jurisprudence of Deference Conclusion – The Ongoing Crisis of Legitimacy

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Details
  • NCID
    BB24301749
  • ISBN
    • 9780826221230
  • LCCN
    2017932480
  • Country Code
    us
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Columbia
  • Pages/Volumes
    xii, 403 p.
  • Size
    24 cm
  • Parent Bibliography ID
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