Creating the administrative constitution : the lost one hundred years of American administrative law / Jerry L. Mashaw.

Format:

Book

Author/Creator:

Mashaw, Jerry L.

Series:

Yale Law Library series in legal history and reference.

Yale Law Library series in legal history and reference

Language:

English

Subjects (All):

Administrative law--United States--History.

Administrative law.

Administrative procedure--United States--History.

Administrative procedure.

Physical Description:

1 online resource (448 p.)

Edition:

1st ed.

Place of Publication:

New Haven : Yale University Press, c2012.

Language Note:

English

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."

Contents:

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

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 24. Apr 2020)

ISBN:

9786613681263

9781280770494

128077049X

9780300183474

030018347X

OCLC:

801410572