Creating the administrative constitution : the lost one hundred years of American administrative law / Jerry L. Mashaw.
2012
KF5402 .M37 2012 (Mapit)
On loan from Stacks, due 05. May 2026
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Details
Author
Title
Creating the administrative constitution : the lost one hundred years of American administrative law / Jerry L. Mashaw.
Imprint
New Haven : Yale University Press, [2012]
Copyright
©2012
Description
x, 419 pages ; 24 cm.
Series
Yale Law Library series in legal history and reference.
Formatted Contents Note
Recovering American administrative law
Pragmatic state-building
"To see that the laws are faithfully executed": managerial and hierarchical control in the early republic
Legal accountability: the common law model
Federalist state-building meets Republican small-state ideology
Administering the embargo: an exercise in regulatory hubris
Bureaucratizing land
Democracy and administration
The bank war and sub-treasury system
Democracy, office, and the reform of administrative organization
Regulating steamboats
The administrative constitution of "The Democracy"
Nation, state, and administration in the gilded age
Mass administrative adjudication: case studies in the development of internal administrative law
The administrative Constitution: then and now.
Pragmatic state-building
"To see that the laws are faithfully executed": managerial and hierarchical control in the early republic
Legal accountability: the common law model
Federalist state-building meets Republican small-state ideology
Administering the embargo: an exercise in regulatory hubris
Bureaucratizing land
Democracy and administration
The bank war and sub-treasury system
Democracy, office, and the reform of administrative organization
Regulating steamboats
The administrative constitution of "The Democracy"
Nation, state, and administration in the gilded age
Mass administrative adjudication: case studies in the development of internal administrative law
The administrative Constitution: then and now.
Summary
"This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Jerry 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. 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.""--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KF5402 .M37 2012
Language
English
ISBN
9780300172300 hardback
0300172303 hardback
9780300180022 paperback
0300180020 paperback
0300172303 hardback
9780300180022 paperback
0300180020 paperback
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