Bureaucracy in America

The Administrative State's Challenge to Constitutional Government

Inbunden, Engelska, 2017

Av Joseph Postell

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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.

Produktinformation

Utgivningsdatum2017-06-27
Mått160 x 231 x 35 mm
Vikt767 g
FormatInbunden
SpråkEngelska
Antal sidor416
FörlagUniversity of Missouri Press
ISBN9780826221230

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Joseph Postell is Assistant Professor of Political Science at the University of Colorado-Colorado Springs, where he teaches courses in Administrative Law, American political thought and American political institutions, particularly Congress and political parties. He received his Ph.D. in 2010 from the University of Dallas. Postell is the editor (with Bradley C.S. Watson) of Rediscovering Political Economy (Lexington, 2011) and (with Johnathan O’Neill) Toward an American Conservatism: Constitutional Conservatism during the Progressive Era. He has published scholarly articles in The Review of Politics, American Political Thought, and Perspectives on Political Science, and has written for a variety of popular publications including the Claremont Review of Books, the Washington Times, and National Review. He currently resides in Colorado Springs, CO.

IntroductionChapter 1 – An Improved Science of Administration: Administration and the American FoundingChapter 2 – Well-Regulated and Free: Administration and Constitutionalism in the Early RepublicChapter 3 – Executive-Centered Administration: Administrative Law and Constitutionalism during the Jacksonian EraChapter 4 – The Beginning of Bureaucracy? Administrative Power after the Civil WarChapter 5 – A New Science of Administration: Progressivism and the Administrative StateChapter 6 – The Crisis of Legitimacy: The New Deal Challenge to American ConstitutionalismChapter 7 – “A Surrogate Political Process”: The 1970s Administrative Law RevolutionChapter 8 – The Conservative Counterrevolution? The Rise of a Jurisprudence of DeferenceConclusion – The Ongoing Crisis of Legitimacy

Federal bureaucracy often seems to roam far beyond what Congress has clearly authorized and often does so without meaningful check from courts. Postell’s book demonstrates that Americans have worried about over-reaching officials since colonial times. Bureaucracy in America shows what we can learn from past efforts to secure the people’s rights, even from government officials."" - Jeremy A. Rabkin, George Mason University, author of Law without Nations?