Creating the Administrative Constitution
The Lost One Hundred Years of American Administrative Law
1st Edition
Published on 17. July 2012
448 pages
978-0-300-18347-4 (ISBN)
Available for download
Description
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitutions first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the authors words, will ",demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise, there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic.",
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Jerry L. Mashaw
Creating the Administrative Constitution
The Lost One Hundred Years of American Administrative Law
Book
07/2012
Yale University Press
€62.00
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Person
Jerry L. Mashaw is Sterling Professor of Law at Yale Law School.
Content
- Cover
- Contents
- Preface and Acknowledgments
- Introduction
- 1 Recovering American Administrative Law
- PART I: Federalist Foundations, 1787-1801
- 2 Pragmatic State-Building
- 3 "To see that the laws are faithfully executed": Managerial and Hierarchical Control in the Early Republic
- 4 Legal Accountability: The Common Law Model
- PART II: Reluctant Nationalists, 1801-1829
- 5 Federalist State-Building Meets Republican Small-State Ideology
- 6 Administering the Embargo: An Exercise in Regulatory Hubris
- 7 Bureaucratizing Land
- PART III: Administration and "The Democracy," 1829-1861
- 8 Democracy and Administration
- 9 The Bank War and Sub-Treasury System
- 10 Democracy, Office, and the Reform of Administrative Organization
- 11 Regulating Steamboats
- 12 The Administrative Constitution of "The Democracy"
- PART IV: Administrative Government in the Gilded Age
- 13 Nation, State, and Administration in the Gilded Age
- 14 Mass Administrative Adjudication: Case Studies in the Development of Internal Administrative Law
- PART V: Rethinking the Administrative Constitution
- 15 The Administrative Constitution: Then and Now
- Notes
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- R
- S
- T
- U
- V
- W
- Y
- Z
