Tocquevilles Nightmare

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Tocqueville's Nightmare

Author : Daniel R. Ernst
Publisher : Oxford University Press
ISBN 13 : 0199920877
Total Pages : 272 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by Oxford University Press. This book was released on 2014-04-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, 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 built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.

Tocqueville's Nightmare

Author : Daniel R. Ernst
Publisher : Oxford University Press, USA
ISBN 13 : 0199920869
Total Pages : 241 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by Oxford University Press, USA. This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Demos Assembled

Author : Stephen W. Sawyer
Publisher : University of Chicago Press
ISBN 13 : 022654463X
Total Pages : 244 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Demos Assembled by : Stephen W. Sawyer

Download or read book Demos Assembled written by Stephen W. Sawyer and published by University of Chicago Press. This book was released on 2018-04-13 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intelligent, engaging, and in-depth reading of the nature of the state and the establishment of the modern political order in the mid-nineteenth century. Previous studies have covered in great detail how the modern state slowly emerged from the early Renaissance through the seventeenth century, but we know relatively little about the next great act: the birth and transformation of the modern democratic state. And in an era where our democratic institutions are rife with conflict, it’s more important now than ever to understand how our institutions came into being. Stephen W. Sawyer’s Demos Assembled provides us with a fresh, transatlantic understanding of that political order’s genesis. While the French influence on American political development is well understood, Sawyer sheds new light on the subsequent reciprocal influence that American thinkers and politicians had on the establishment of post-revolutionary regimes in France. He argues that the emergence of the stable Third Republic (1870–1940), which is typically said to have been driven by idiosyncratic internal factors, was in fact a deeply transnational, dynamic phenomenon. Sawyer’s findings reach beyond their historical moment, speaking broadly to conceptions of state formation: how contingent claims to authority, whether grounded in violence or appeals to reason and common cause, take form as stateness.

Law in American History, Volume III

Author : G. Edward White
Publisher : Oxford University Press
ISBN 13 : 0190634960
Total Pages : 1117 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Law in American History, Volume III by : G. Edward White

Download or read book Law in American History, Volume III written by G. Edward White and published by Oxford University Press. This book was released on 2019-04-25 with total page 1117 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.

Tocqueville on American Character

Author : Michael A. Ledeen
Publisher : Truman Talley Books
ISBN 13 : 0312274513
Total Pages : 206 pages
Book Rating : 4.3/5 (122 download)

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Book Synopsis Tocqueville on American Character by : Michael A. Ledeen

Download or read book Tocqueville on American Character written by Michael A. Ledeen and published by Truman Talley Books. This book was released on 2001-10-05 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1831, Alexis De Tocqueville, a twenty-six-year-old French aristocrat, spent nine months travelling across the United States. From the East Coast to the frontier, from the Canadian border to New Orleans, Tocqueville observed the American people and the revolutionary country they'd created. His celebrated Democracy in America, the most quoted work on America ever written, presented the new Americans with a degree of understanding no one had accomplished before or has since. Astonished at the pace of daily life and stimulated by people at all levels of society, Tocqueville recognized that Americans were driven by a series of internal conflicts: simultaneously religious and materialistic; individualistic and yet deeply involved in community affairs; isolationist and interventionist; pragmatic and ideological. Noted author Michael Ledeen takes a fresh look at Tocqueville's insights into our national psyche and asks whether Americans' national character, which Tocqueville believed to be wholly admirable, has fallen into moral decay and religious indifference. Michael Ledeen's sparkling new exploration has some surprising answers and provides a lively new look at a time when character is at the center of our national debate.

Travels with Tocqueville Beyond America

Author : Jeremy Jennings
Publisher : Harvard University Press
ISBN 13 : 0674293118
Total Pages : 545 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Travels with Tocqueville Beyond America by : Jeremy Jennings

Download or read book Travels with Tocqueville Beyond America written by Jeremy Jennings and published by Harvard University Press. This book was released on 2023-03-21 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory intellectual biography of Tocqueville, told through his wide-ranging travels—most of them, aside from his journey to America, barely known. It might be the most famous journey in the history of political thought: in 1831, Alexis de Tocqueville sailed from France to the United States, spent nine months touring and observing the political culture of the fledgling republic, and produced the classic Democracy in America. But the United States was just one of the many places documented by the inveterate traveler. Jeremy Jennings follows Tocqueville’s voyages—by sailing ship, stagecoach, horseback, train, and foot—across Europe, North Africa, and of course North America. Along the way, Jennings reveals underappreciated aspects of Tocqueville’s character and sheds new light on the depth and range of his political and cultural commentary. Despite recurrent ill health and ever-growing political responsibilities, Tocqueville never stopped moving or learning. He wanted to understand what made political communities tick, what elite and popular mores they rested on, and how they were adjusting to rapid social and economic change—the rise of democracy and the Industrial Revolution, to be sure, but also the expansion of empire and the emergence of socialism. He lauded the orderly, Catholic-dominated society of Quebec; presciently diagnosed the boisterous but dangerously chauvinistic politics of Germany; considered England the freest and most unequal place on Earth; deplored the poverty he saw in Ireland; and championed French colonial settlement in Algeria. Drawing on correspondence, published writings, speeches, and the recollections of contemporaries, Travels with Tocqueville Beyond America is a panoramic combination of biography, history, and political theory that fully reflects the complex, restless mind at its center.

Democracy in America

Author : Alexis de Tocqueville
Publisher : Signet
ISBN 13 :
Total Pages : 330 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Democracy in America by : Alexis de Tocqueville

Download or read book Democracy in America written by Alexis de Tocqueville and published by Signet. This book was released on 1956 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy in America is a classic of political philosophy. Hailed by John Stuart Mill and Horace Greely as the finest book ever written on the nature of democracy, it continues to be an influential text on both sides of the Atlantic, above all in the emerging democracies of Eastern Europe.

Harvard Law Review: Volume 129, Number 3 - January 2016

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610278135
Total Pages : 256 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 129, Number 3 - January 2016 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 129, Number 3 - January 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-01-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The January 2016 issue, Number 3, features these contents: • Article, "Presidential Intelligence," by Samuel J. Rascoff • Book Review, "The Struggle for Administrative Legitimacy," by Jeremy K. Kessler (on Daniel Ernst's book about the administrative state) • Note, "Existence-Value Standing" • Note, "Rethinking Closely Regulated Industries" In addition, student commentary analyzes Recent Cases on compelled disclosures in commercial speech; due process notice of procedures to challenge a local ordinance; standing after liquidation actions taken under Dodd-Frank; exaction and takings by acquiring equity shares in AIG; religious liberty after Hobby Lobby; bias-intimidation laws and mens rea; and whether document production is the 'practice of law' under labor law. The issue includes analysis of a Recent Court Filing by the DOJ supporting a meaningful juvenile right to counsel. Finally, the issue includes comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the third issue of academic year 2015-2016.

Bureaucracy in America

Author : Joseph Postell
Publisher : University of Missouri Press
ISBN 13 : 0826273785
Total Pages : 416 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis Bureaucracy in America by : Joseph Postell

Download or read book Bureaucracy in America written by Joseph Postell and published by University of Missouri Press. This book was released on 2017-07-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

Rights Delayed

Author : Charles W. Romney
Publisher : Oxford University Press
ISBN 13 : 0190608889
Total Pages : 272 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Rights Delayed by : Charles W. Romney

Download or read book Rights Delayed written by Charles W. Romney and published by Oxford University Press. This book was released on 2016-04-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Progressive unions flourished in the 1930s by working alongside federal agencies created during the New Deal. Yet in 1950, few progressive unions remained. Why? Most scholars point to domestic anti-communism and southern conservatives in Congress as the forces that diminished the New Deal state, eliminated progressive unions, and destroyed the radical potential of American liberalism. Rights Delayed: The American State and the Defeat of Progressive Unions argues that anti-communism and Congressional conservatism merely intensified the main reason for the decline of progressive unions: the New Deal state's focus on legal procedure. Initially, progressive unions thrived by embracing the procedural culture of New Deal agencies and the wartime American state. Between 1935 and 1945, unions mastered the complex rules of the NLRB and other federal entities by working with government officials. In 1946 and 1947, however, the emphasis on legal procedure made the federal state too slow to combat potentially illegal cooperation between employers and the Teamsters. Workers who supported progressive unions rallied around procedural language to stop what they considered Teamster collusion, but found themselves dependent on an ineffective federal state. The state became even less able to protect employees belonging to left-led unions after the Taft-Hartley Act's anti-communist provisions-and decisions by union leaders-limited access to the NLRB's procedures. From 1946 until 1950, progressive unions withered and eventually disappeared from the Pacific canneries as the unions failed to pay the cost of legal representation before the NLRB. Workers supporting progressive unions had embraced procedural language to claim their rights, but by 1950, those workers discovered that their rights had vanished in an endless legal discourse.

The Attack of the Blob

Author : Hanna Fenichel Pitkin
Publisher : University of Chicago Press
ISBN 13 : 0226817245
Total Pages : 374 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis The Attack of the Blob by : Hanna Fenichel Pitkin

Download or read book The Attack of the Blob written by Hanna Fenichel Pitkin and published by University of Chicago Press. This book was released on 2021-02-16 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The European intellectual Hannah Arendt worried about the tendency of social structures to take on a life of their own and paralyze individual action. Pitkin . . . is determined to trace our problems to the actions of individuals. This book is thus a battle of wits. . . . [A] vivid sketch of the conflict between two basic outlooks."—Library Journal "[O]ne leaves this book feeling enriched and challenged. Pitkin prompts us to rethink our understanding of Arendt and to demythologize the pervasive sense of political helplessness Arendt herself sought so hard to articulate. . . . [A] cause for celebration."—Peter Baehr, Times Literary Supplement "[Arendt] is certainly among the most original and outstanding political theorists of the twentieth century. . . . It is difficult to imagine a hostile critic examining more effectively than Pitkin . . . Arendt's concept of the social, for hostility would inhibit the acquisition of the mastery of Arendt's texts that Pitkin displays at every turn."—Peter Berkowitz, New Republic

Law’s Abnegation

Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 0674971442
Total Pages : 267 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law’s Abnegation by : Adrian Vermeule

Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

Harvard Law Review: Volume 128, Number 4 - February 2015

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610278488
Total Pages : 272 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 128, Number 4 - February 2015 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 128, Number 4 - February 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-02-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, February 2015, is offered in a digital edition. Contents include: • Article, "The Consequences of Error in Criminal Justice," Daniel Epps • Book Review, "Running Government Like a Business ... Then and Now," Jon D. Michaels • Note, "International Norms and Politics in the Marshall Court's Slave Trade Cases" • Note, "Congress's Power to Define the Privileges and Immunities of Citizenship" • Note, "It's About Time (Place and Manner): Why and How Congress Must Act to Protect Access to Early Voting" • Note, "The Psychology of Cruelty: Recognizing Grave Mental Harm in American Prisons" In addition, the issue features student commentary on Recent Cases, Legislation, and Executive Orders, including such subjects as: whether false claims used to advise or encourage suicide are protected speech; whether pollutants from rail yards are "disposal" of solid waste; class action standing of absent class members in certain BP oil spill claims; review of an SEC settlement; municipal bankruptcy and preemption; requiring on-the-record indigency proceedings prior to incarceration for failure to pay fines; and prohibition of federal government and contractor employment discrimination on the basis of sexual orientation or gender identity. Finally, the issue features several summaries of Recent Publications. This issue of the Review is Feb. 2015, the fourth issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Tocqueville on America After 1840

Author : Alexis de Tocqueville
Publisher : Cambridge University Press
ISBN 13 : 0521859557
Total Pages : 577 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Tocqueville on America After 1840 by : Alexis de Tocqueville

Download or read book Tocqueville on America After 1840 written by Alexis de Tocqueville and published by Cambridge University Press. This book was released on 2009-03-30 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tocqueville on America after 1840 provides access to Tocqueville's views on American politics from 1840 to 1859, revealing his shift in thinking and growing disenchantment with America.

The American Liberal Tradition Reconsidered

Author : Mark Hulliung
Publisher :
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The American Liberal Tradition Reconsidered by : Mark Hulliung

Download or read book The American Liberal Tradition Reconsidered written by Mark Hulliung and published by . This book was released on 2010 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eight prominent scholars consider whether Louis Hartz's interpretation of liberalism in his classic 1955 book should be repudiated or updated, and whether a study of America as a "liberal society" is still a rewarding undertaking.

Democracy in America

Author : Alexis De Tocqueville
Publisher : Bantam Classics
ISBN 13 : 0553900382
Total Pages : 976 pages
Book Rating : 4.5/5 (539 download)

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Book Synopsis Democracy in America by : Alexis De Tocqueville

Download or read book Democracy in America written by Alexis De Tocqueville and published by Bantam Classics. This book was released on 2004-06-01 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt: From America's call for a free press to its embrace of the capitalist system, Democracy in America--first published in 1835--enlightens, entertains, and endures as a brilliant study of our national government and character. Philosopher John Stuart Mill called it "among the most remarkable productions of our time." Woodrow Wilson wrote that de Tocqueville's ability to illuminate the actual workings of American democracy was "possibly without rival." For today's readers, de Tocqueville's concern about the effect of majority rule on the rights of individuals remains deeply meaningful. His shrewd observations about the "almost royal prerogatives" of the president and the need for virtue in elected officials are particularly prophetic. His profound insights into the great rewards and responsibilities of democratic government are words every American needs to read, contemplate, and remember. From America's call for a free press to its embrace of the capitalist system Democracy in America enlightens, entertains, and endures as a brilliant study of our national government and character. De Toqueville's concern about the effect of majority rule on the rights of individuals remains deeply meaningful. His insights into the great rewards and responsibilities of democratic government are words every American needs to read, contemplate, and remember.

Chasing the Red, White, and Blue

Author : David Cohen
Publisher : Macmillan
ISBN 13 : 1429972254
Total Pages : 340 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Chasing the Red, White, and Blue by : David Cohen

Download or read book Chasing the Red, White, and Blue written by David Cohen and published by Macmillan. This book was released on 2007-04-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1831, Alexis de Tocqueville his journey to America, traveling from New York to the frontier city of Flint, Michigan, down the Ohio River Valley and into Mississippi, then turning east through the Old South and concluding in Washington, D.C. His journey spawned the classic Democracy in America, the book that defined "equality of opportunity" as the wellspring national character. At the end of the twentieth century, journalist David Cohen made that same journey, with one new destination—the frontier of Silicon Valley in California. Chasing the Red, White, and Blue is his account: a thought-provoking inquiry into the lives of Americans today. Talking with people at every level of society—from Manhattan real estate brokers and Washington lobbyists to supermarket clerks and illegal aliens—Cohen finds equality elusive and the poor increasingly adrift from American society. But he also finds hope alive in the most unexpected of places. Just as Democracy in America took the measure of our young republic, Chasing the Red, White, and Blue portrays a much-changed America on the cusp of a new millennium: still united by our passion for democracy, yet divided by our prejudices.