Unmasking The Administrative State

Author by : John Marini
Languange : en
Publisher by : Unknown
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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"--


Building A Legislative Centered Public Administration

Author by : David Rosenbloom
Languange : en
Publisher by : University of Alabama Press
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Description : Award-winning scholar David Rosenbloom 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.


Is Administrative Law Unlawful

Author by : Philip Hamburger
Languange : en
Publisher by : University of Chicago Press
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Description : Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. 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.


Judicializing The Administrative State

Author by : Hiroshi Okayama
Languange : en
Publisher by : Routledge
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Description : A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.


Revisiting Waldo S Administrative State

Author by : David H. Rosenbloom
Languange : en
Publisher by : Georgetown University Press
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Description : The prevailing notion that the best government is achieved through principles of management and business practices is hardly new—it echoes the early twentieth-century "gospel of efficiency" challenged by Dwight Waldo in 1948 in his pathbreaking book, The Administrative State. Asking, "Efficiency for what?", Waldo warned that public administrative efficiency must be backed by a framework of consciously held democratic values. Revisiting Waldo's Administrative State brings together a group of distinguished authors who critically explore public administration's big ideas and issues and question whether contemporary efforts to "reinvent government," promote privatization, and develop new public management approaches constitute a coherent political theory capable of meeting the complex challenges of governing in a democracy. Taking Waldo's book as a starting point, the authors revisit and update his key concepts and consider their applicability for today. The book follows Waldo's conceptual structure, first probing the material and ideological background of modern public administration, problems of political philosophy, and finally particular challenges inherent in contemporary administrative reform. It concludes with a look ahead to "wicked" policy problems—such as terrorism, global warming, and ecological threats—whose scope is so global and complex that they will defy any existing administrative structures and values. Calling for a return to conscious consideration of democratic accountability, fairness, justice, and transparency in government, the book's conclusion assesses the future direction of public administrative thought. This book can stand alone as a commentary on reconciling democratic values and governance today or as a companion when reading Waldo's classic volume.


Democracy In The Administrative State

Author by : Emmette Shelburn Redford
Languange : en
Publisher by : New York : Oxford University Press
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Law S Abnegation

Author by : Adrian Vermeule
Languange : en
Publisher by : Harvard University Press
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Total Read : 29
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Description : Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.


Congress On Trial

Author by : James MacGregor Burns
Languange : en
Publisher by : New York : Gordian Press
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Total Read : 93
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Bureaucracy In America

Author by : Joseph Postell
Languange : en
Publisher by : University of Missouri Press
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Description : In this trenchant intellectual history, Postell demonstrates how modern administrative law has attempted to restore the principles of American constitutionalism, but it has failed to be as effective as earlier approaches to regulation.


Administrative Law For Public Managers

Author by : David H Rosenbloom
Languange : en
Publisher by : Westview Press
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Total Read : 9
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Description : This book focuses on the essentials that public managers should know about administrative law—why we have administrative law, the constitutional constraints on public administration, and administrative law's frameworks for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review. Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering with an emphasis on how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and with sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter.


Judicial Fortitude

Author by : Peter J. Wallison
Languange : en
Publisher by : Unknown
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Description : Introduction -- The administrative state and the rule of law -- The separation of powers and checks and balances -- Congress and the administrative state -- Progressivism and the rise of the administrative state -- Was the progressive faith in economic regulation justified? -- The nondelegation doctrine -- The Chevron doctrine -- Conclusion


The Administrative State

Author by : United States. Congress
Languange : en
Publisher by : Createspace Independent Publishing Platform
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Description : The administrative state : an examination of federal rulemaking : hearing before the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Fourteenth Congress, second session, April 20, 2016.


To Run A Constitution

Author by : John Anthony Rohr
Languange : en
Publisher by : Unknown
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Description : In this synthesis of political philosophy, public administration, and American history, Rohr seeks to legitimize the administrative state in terms of constitutional principle. He tries to show that the fourth (or administrative) branch of government is compatible with the plans of the framers--both Federalist and anti-Federalist-of the U.S. Constitution and of the Bill of Rights. He argues that the combination of powers in administrative agencies does not violate the standard of separation of powers set forth in The Federalist (especially by James Madison); the higher reaches of the career civil service fulfill the framers' constitutional design by performing a balancing function originally assigned to the Senate; and the career civil service en masse heals the defect of inadequate representation in the Federal Constitution. ISBN 0-7006-0291-7 : $29.95.


Law And Leviathan

Author by : Cass R. Sunstein
Languange : en
Publisher by : Harvard University Press
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Description : From two legal luminaries, 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? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.


The Politics Of Budget Control

Author by : John A. Marini
Languange : en
Publisher by : Taylor & Francis
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Description : First Published in 1992. Routledge is an imprint of Taylor & Francis, an informa company.


Indian Affairs And The Administrative State In The Nineteenth Century

Author by : Stephen J. Rockwell
Languange : en
Publisher by : Cambridge University Press
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Total Read : 16
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Description : Stephen J. Rockwell analyzes the role of national administration in Indian affairs and other national policy areas related to westward expansion in the nineteenth century.


Tocqueville S Nightmare

Author by : Daniel R. Ernst
Languange : en
Publisher by : Oxford University Press
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Description : In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, the nation's best corporate lawyers were among the creators of "commission government" that supporters were more interested in purging government of corruption than creating a socialist utopia, and that the principles of individual rights, limited government, and due process were built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.


The American Constitution And The Administrative State

Author by : Richard Joseph Stillman
Languange : en
Publisher by : University Press of Amer
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Description : "The contents of this work originally appeared in Public administrative review, January/February, 1987, volume 47, no. 1"--T.p. verso.


Administrative State Tactics And Defenses Course Form 12 041

Author by : Sovereignty Education and Defense Ministry (SEDM)
Languange : en
Publisher by : Sovereignty Education and Defense Ministry (SEDM)
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Total Read : 48
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Description : How to deal successfully with the administrative state.


Reinventing The Administrative State

Author by : Michael E. Norris
Languange : en
Publisher by : University Press of Amer
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Total Read : 92
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Description : Reinventing government is a well-established political program that has been pursued in a number of forms throughout the twentieth century. Many of these programs share similar goals of economy and efficacy, but they have suffered largely from a persistent inability to achieve their objectives in any significant way. In this timely work, Michael Norris perceptively analyzes the reasons for the failure of recent programs to correct the weaknesses of government. He argues that the current reinvention movement has fallen well short of its original goals and demonstrates that the disparity between the original claims of the movement and its results to date has been caused by structural, political, bureaucratic, and internal barriers. Norris meticulously examines each of these barriers, providing new insights and potential solutions to the long-standing problem of government inefficiency. Those with an interest in political science, American government, and public policy will find much to their liking in this thought-provoking volume.


Balance Of Forces

Author by : Harold H. Bruff
Languange : en
Publisher by : Unknown
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Description :


Intergovernmental Relations In The American Administrative State

Author by : David M. Welborn
Languange : en
Publisher by : University of Texas Press
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Description : During the 1960s, President Lyndon Johnson and his administration substantially altered the structure of the American administrative state. Creating intergovernmental programs to forward the goal of the Great Society, they changed the contours of national-state-local relationships, and these changes largely have remained, despite the attempts of later administrations to reverse them. Intergovernmental Relations in the American Administrative State is the first comprehensive study of how and why these changes occurred. Drawn from a wealth of primary material in the Lyndon Baines Johnson Library, the study probes the objectives of the president and other framers of new policies and programs, within the institutional and political context of the time. The authors give special attention to the inherent incongruities that arise when intergovernmental programs are used to address problems defined in national terms. In addition, they reveal how certain programs actually challenged the power of established national bureaucracies. They conclude with a thoughtful overview of the Johnson legacy in intergovernmental relations during subsequent administrations.


Administrative Law In The Political System

Author by : Kenneth Warren
Languange : en
Publisher by : Routledge
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Total Read : 37
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Description : Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the sixth edition emphasizes current trends in administrative law, recent court decisions, and the impact the Trump administration has had on public administration and administrative law. Special attention is devoted to how the neo-conservative revival, strengthened by Trump appointments to the federal judiciary, have influenced the direction of administrative law and impacted the administrative state. Administrative Law in the Political System: Law, Politics, and Regulatory Policy, Sixth Edition is a comprehensive administrative law textbook written by a social scientist for social science students, especially upper division undergraduate and graduate students in political science, public administration, public management, and public policy and administration programs.


Trump The Administrative Presidency And Federalism

Author by : Frank J. Thompson
Languange : en
Publisher by : Brookings Institution Press
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Description : How Trump has used the federal government to promote conservative policies The presidency of Donald Trump has been unique in many respects—most obviously his flamboyant personal style and disregard for conventional niceties and factual information. But one area hasn’t received as much attention as it deserves: Trump’s use of the “administrative presidency,” including executive orders and regulatory changes, to reverse the policies of his predecessor and advance positions that lack widespread support in Congress. This book analyzes the dynamics and unique qualities of Trump’s administrative presidency in the important policy areas of health care, education, and climate change. In each of these spheres, the arrival of the Trump administration represented a hostile takeover in which White House policy goals departed sharply from the more “liberal” ideologies and objectives of key agencies, which had been embraced by the Obama administration. Three expert authors show how Trump has continued, and even expanded, the rise of executive branch power since the Reagan years. The authors intertwine this focus with an in-depth examination of how the Trump administration’s hostile takeover has drastically changed key federal policies—and reshaped who gets what from government—in the areas of health care, education, and climate change. Readers interested in the institutions of American democracy and the nation’s progress (or lack thereof) in dealing with pressing policy problems will find deep insights in this book. Of particular interest is the book’s examination of how the Trump administration’s actions have long-term implications for American democracy.


Unmasking The Administrative State

Author by : John Marini
Languange : en
Publisher by : Encounter Books
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Total Read : 31
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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 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, DC’s sprawling “administrative state”—for President Trump represented an existential threat to its denizens, who came to be known as “swamp creatures.” How did it come to pass that 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? Marini’s unmasking of the administrative state goes beyond bureaucracy or legalism to its core in an intellectual elite whose consensus transcends whatever disagreements flare up. The universities, the media, and think-tanks that denounce Trump are its heart. The answer to this question and many more lies in the underappreciated but revolutionary scholarship of Professor John Marini, collected in his new book, Unmasking the Administrative State, which tells the critical missed story of the last century of political history: The ascendance of the theory behind and resultant growth of an administrative state that has supplanted limited constitutional government with the tyranny of unbounded anticonstitutional bureaucracy. Marini illustrates the existential threat of the administrative state to our republic, exposes the regressive philosophy from which it springs, and argues for the reassertion of the founding principles to restore self-government. The Trump administration may be the best chance to apply the lessons of Marini’s life’s work and seize this remarkable opportunity to restore power to its rightful owners: the American people.