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Author: Dwight Waldo
Publisher: Routledge
ISBN: 1351486330
Category : Political Science
Languages : en
Pages : 384
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Book Description
This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.
Author: Dwight Waldo
Publisher: Routledge
ISBN: 1351486330
Category : Political Science
Languages : en
Pages : 384
Get Book Here
Book Description
This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.
Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646
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Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author: Joseph Postell
Publisher: University of Missouri Press
ISBN: 0826273785
Category : Political Science
Languages : en
Pages : 416
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Book 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.
Author: Peter J. Wallison
Publisher: Rowman & Littlefield
ISBN: 0844750441
Category : Political Science
Languages : en
Pages : 398
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Book Description
In this book, legal scholars outline how and why the Supreme Court should revitalize the nondelegation doctrine—which has not been invoked since 1935. If the Court does so, it will protect the constitutional separation of powers and require Congress to make the difficult political decisions that a legislature should make in a democratic society.
Author: James O. Freedman
Publisher: Cambridge University Press
ISBN: 9780521293808
Category : Political Science
Languages : en
Pages : 340
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Book Description
One of the most striking developments in American history has been the steady growth in the administrative process, to the point that the regulatory agencies of the federal government now affect the lives of more citizens more pervasively than the courts and possibly the Congress. In virtually every relevant respect, the administrative process has become a fourth branch of government, comparable in the scope of its authority and the impact of its decision making to the three more familiar constitutional branches. This book identifies and examines the causes of the enduring sense of crisis associated with the administrative process. This book argues a theory of legitimacy for the administrative process must be created. The author seeks to develop such a theory from the quality of administrative justice, taking as a premise the conviction that the capacity of government to devise fair procedures for the discharge of its decision-making responsibilities is the essence of democratic practice.
Author: Cass R. Sunstein
Publisher: Belknap Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
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Book Description
Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal
Author: Philip Hamburger
Publisher: Encounter Books
ISBN: 159403950X
Category : Political Science
Languages : en
Pages : 50
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Book Description
Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
Author: Daniel R. Ernst
Publisher:
ISBN: 0199920869
Category : Business & Economics
Languages : en
Pages : 241
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Book Description
Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.
Author: John Marini
Publisher:
ISBN: 9781641770231
Category : Political Science
Languages : en
Pages : 352
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Book Description
"The election of Donald J. Trump to the presidency shocked the political establishment, triggering a wave of hysteria among the bicoastal elite that may yet never subside. The biggest shockwaves of all however were felt not in the progressive parishes of Manhattan or San Francisco, but in the halls of the political elite's cherished and oft-overlooked center of power: Washington, D.C.'s sprawling 'administrative state.' For President Trump represented an existential threat to its denizens, which came to be known as 'swamp creatures.' How did it come to pass that the 'deconstruction' of this obscure institution - the 'draining of the swamp' - would become a core aim of the Trump administration, impacting everything from judicial appointments to the federal budget and regulatory policy? Could public aversion to policies and practices for which the administrative state was sometimes surreptitiously and other times overtly responsible explain President Trump's rise? What was the intellectual basis for the argument that the administrative state need be dismantled in the first place? The answers to these questions and many more lie in the underappreciated but revolutionary scholarship of Professor John Marini, collected in his timely, comprehensive, accessible new book, Unmasking the Administrative State"--
Author: David H. Rosenbloom
Publisher: University Alabama Press
ISBN:
Category : History
Languages : en
Pages : 230
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Book Description
2001 Louis Brownlow Award from the National Academy of Public Administration Explains the reasons behind Congress's expanded role in the federal government, its underlying coherence, and its continuing significance for those who study and practice public administration Before 1946 the congressional role in public administration had been limited to authorization, funding, and review of federal administrative operations, which had grown rapidly as a result of the New Deal and the Second World War. But in passing the Administrative Procedure Act and the Legislative Reorganization Act that pivotal year, Congress self-consciously created for itself a comprehensive role in public administration. Reluctant to delegate legislative authority to federal agencies, Congress decided to treat the agencies as extensions of itself and established a framework for comprehensive regulation of the agencies' procedures. Additionally, Congress reorganized itself so it could provide continuous supervision of federal agencies. Rosenbloom shows how these 1946 changes in the congressional role in public administration laid the groundwork for future major legislative acts, including the Freedom of Information Act (1966), Privacy Act (1974), Government in the Sunshine Act (1976), Paperwork Reduction Acts (1980, 1995), Chief Financial Officers Act (1990), and Small Business Regulatory Fairness Enforcement Act (1996). Each of these acts, and many others, has contributed to the legislative-centered public administration that Congress has formed over the past 50 years. This first book-length study of the subject provides a comprehensive explanation of the institutional interests, values, and logic behind the contemporary role of Congress in federal administration and attempts to move the public administration field beyond condemning legislative "micromanagement" to understanding why Congress values it.
