In this Book

Bureaucracy in America: The Administrative State's Challenge to Constitutional Government

Book
Joseph Postell
2017
summary
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

Cover

Title Page, Copyright Page

pp. i-viii

Contents

pp. ix-x

Acknowledgments

pp. xi-2

Introduction

pp. 3-12

Chapter One. An Improved Science of Administration: Administration and the American Founding

pp. 13-58

Chapter Two. Well-Regulated and Free: Administration and Constitutionalism in the Early Republic

pp. 59-94

Chapter Three. Executive-Centered Administration: Administrative Law and Constitutionalism during the Jacksonian Era

pp. 95-126

Chapter Four. The Beginning of Bureaucracy? Administrative Power after the Civil War

pp. 127-166

Chapter Five. A New Science of Administration: Progressivism and the Administrative State

pp. 167-206

Chapter Six. The Crisis of Legitimacy: The New Deal Challenge to American Constitutionalism

pp. 207-246

Chapter Seven. “A Surrogate Political Process”: The 1970s Administrative Law Revolution

pp. 247-280

Chapter Eight. The Conservative Counterrevolution? The Rise of a Jurisprudence of Deference

pp. 281-314

Conclusion. The Ongoing Crisis of Legitimacy

pp. 315-322

Notes

pp. 323-374

Bibliography

pp. 375-388

Index

pp. 389-403
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