Creating the Administrative Constitution : The Lost One Hundred Years of American Administrative Law / Jerry L. Mashaw.
2012
Items
Details
Title
Creating the Administrative Constitution : The Lost One Hundred Years of American Administrative Law / Jerry L. Mashaw.
Imprint
New Haven, CT : Yale University Press, [2012]
Copyright
©2012
Description
1 online resource (448 p.)
Series
Yale Law Library series in legal history and reference.
Formatted Contents Note
Frontmatter
CONTENTS
PREFACE AND ACKNOWLEDGMENTS
Introduction
1. Recovering American Administrative Law
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
5. Federalist State- Building Meets Republican Small- State Ideology
6. Administering the Embargo An Exercise in Regulatory Hubris
7. Bureaucratizing Land
8. Democracy and Administration
9. The Bank War and Sub- Treasury System
10. Democracy, Office, and the Reform of Administrative Organization
11. Regulating Steamboats
13. Nation, State, and Administration in the Gilded Age
14. Mass Administrative Adjudication Case Studies in the Development of Internal Administrative Law
15. The Administrative Constitution Then and Now
NOTES
INDEX
CONTENTS
PREFACE AND ACKNOWLEDGMENTS
Introduction
1. Recovering American Administrative Law
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
5. Federalist State- Building Meets Republican Small- State Ideology
6. Administering the Embargo An Exercise in Regulatory Hubris
7. Bureaucratizing Land
8. Democracy and Administration
9. The Bank War and Sub- Treasury System
10. Democracy, Office, and the Reform of Administrative Organization
11. Regulating Steamboats
13. Nation, State, and Administration in the Gilded Age
14. Mass Administrative Adjudication Case Studies in the Development of Internal Administrative Law
15. The Administrative Constitution Then and Now
NOTES
INDEX
Summary
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. Constitution's 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 author's 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."
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 24. Apr 2020)
Location
www
In
Title is part of eBook package: YUP eBook-Package 2000-2015 De Gruyter
Title is part of eBook package: Yale University Press eBook Package 2000-2013 De Gruyter
Title is part of eBook package: Yale University Press eBook Package 2000-2013 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Linked Resources
Alternate Title
DeGruyter online
Language
English
ISBN
9780300183474
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