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The Administrative Threat


The Administrative Threat
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The Administrative Threat


The Administrative Threat
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Author : Philip Hamburger
language : en
Publisher: Encounter Books
Release Date : 2017-05-02

The Administrative Threat written by Philip Hamburger and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-02 with Political Science categories.


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.



Is Administrative Law Unlawful


Is Administrative Law Unlawful
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Author : Philip Hamburger
language : en
Publisher: University of Chicago Press
Release Date : 2014-05-27

Is Administrative Law Unlawful written by Philip Hamburger and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-27 with Law categories.


“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.



Law And Leviathan


Law And Leviathan
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 2020-09-15

Law And Leviathan written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-15 with Law categories.


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.



Unmasking The Administrative State


Unmasking The Administrative State
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Author : John Marini
language : en
Publisher: Encounter Books
Release Date : 2019-01-29

Unmasking The Administrative State written by John Marini and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-29 with Political Science categories.


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.



Administrative Law


Administrative Law
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Author : Raymond Pace Alexander
language : en
Publisher:
Release Date : 1945

Administrative Law written by Raymond Pace Alexander and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1945 with Abuse of administrative power categories.




Ungoverning


Ungoverning
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Author : Nancy L. Rosenblum
language : en
Publisher: Princeton University Press
Release Date : 2024-10-01

Ungoverning written by Nancy L. Rosenblum and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-01 with Political Science categories.


How a concentrated attack on political institutions threatens to disable the essential workings of government In this unsettling book, Russell Muirhead and Nancy Rosenblum trace how ungoverning—the deliberate effort to dismantle the capacity of government to do its work—has become a malignant part of politics. Democracy depends on a government that can govern, and that requires what’s called administration. The administrative state is made up of the vast array of departments and agencies that conduct the essential business of government, from national defense and disaster response to implementing and enforcing public policies of every kind. Ungoverning chronicles the reactionary movement that demands dismantling the administrative state. The demand is not for goals that can be met with policies or programs. When this demand is frustrated, as it must be, the result is an invitation to violence. Muirhead and Rosenblum unpack the idea of ungoverning through many examples of the politics of destruction. They show how ungoverning disables capacities that took generations to build—including the administration of free and fair elections. They detail the challenges faced by officials who are entrusted with running the government and who now face threats and intimidation from those who would rather bring it crashing down—and replace the regular processes of governing with chaotic personal rule. The unfamiliar phenomenon of ungoverning threatens us all regardless of partisanship or ideological leaning. Ungoverning will not be limited to Donald Trump’s moment on the political stage. To resist this threat requires that we first recognize what ungoverning is and what it portends.



The Administrative State


The Administrative State
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Author : Dwight Waldo
language : en
Publisher: Routledge
Release Date : 2017-09-04

The Administrative State written by Dwight Waldo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-04 with Political Science categories.


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.



Tocqueville S Nightmare


Tocqueville S Nightmare
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Author : Daniel R. Ernst
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

Tocqueville S Nightmare written by Daniel R. Ernst and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with History categories.


De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that 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 designed into the administrative state.



Constitutional Coup


Constitutional Coup
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Author : Jon D. Michaels
language : en
Publisher: Harvard University Press
Release Date : 2017-10-23

Constitutional Coup written by Jon D. Michaels and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Business & Economics categories.


Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.



Constitutional Coup


Constitutional Coup
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Author : Jon D. Michaels
language : en
Publisher: Harvard University Press
Release Date : 2017-10-23

Constitutional Coup written by Jon D. Michaels and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Law categories.


Americans have a love-hate relationship with government. Rejecting bureaucracy—but not the goods and services the welfare state provides—Americans have demanded that government be made to run like a business. Hence today’s privatization revolution. But as Jon D. Michaels shows, separating the state from its public servants, practices, and institutions does violence to our Constitution, and threatens the health and stability of the Republic. Constitutional Coup puts forward a legal theory that explains the modern welfare state as a worthy successor to the framers’ three-branch government. What legitimates the welfare state is its recommitment to a rivalrous system of separation of powers, in which political agency heads, career civil servants, and the public writ large reprise and restage the same battles long fought among Congress, the president, and the courts. Privatization now proclaims itself as another worthy successor, this time to an administrative state that Americans have grown weary of. Yet it is a constitutional usurper. Privatization dismantles those commitments to separating and checking state power by sidelining rivalrous civil servants and public participants. Constitutional Coup cements the constitutionality of the administrative state, recognizing civil servants and public participants as necessary—rather than disposable—components. Casting privatization as an existential constitutional threat, it underscores how the fusion of politics and profits commercializes government—and consolidates state power in ways both the framers and administrative lawyers endeavored to disaggregate. It urges—and sketches the outlines of—a twenty-first-century bureaucratic renaissance.