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Reining In The Administrative State
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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger
Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Book Synopsis Law and Leviathan by : Cass R. Sunstein
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Book Synopsis The Administrative Threat by : Philip Hamburger
Download or read book The Administrative Threat written by Philip Hamburger and published by Encounter Books. This book was released on 2017-05-02 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
Book Synopsis Judicializing the Administrative State by : Hiroshi Okayama
Download or read book Judicializing the Administrative State written by Hiroshi Okayama and published by Routledge. This book was released on 2019-05-10 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.
Book Synopsis Evasive Entrepreneurs and the Future of Governance by : Adam Thierer
Download or read book Evasive Entrepreneurs and the Future of Governance written by Adam Thierer and published by Cato Institute. This book was released on 2020-04-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovators of all stripes—such as Airbnb and Uber—are increasingly using new technological capabilities to circumvent traditional regulatory systems, or at least put pressure on public policymakers to reform laws and regulations that are outmoded, inefficient, or illogical. Disruptive innovators are emerging in other fields, too, using technologies as wide‐ranging as 3D printers, drones, driverless cars, Bitcoin and blockchain, virtual reality, the “Internet of Things,” and more. Some of these innovators just love to tinker. Others want to change the world with new life‐enriching products. And many more are just looking to earn a living and support their families. Regardless of why they are doing it, these evasive entrepreneurs— innovators who don’t always conform to social or legal norms—are changing the world and challenging their governments. Beyond boosting economic growth and raising our living standards, evasive entrepreneurialism can play an important role in constraining unaccountable governmental activities that often fail to reflect common sense or the consent of the governed. In essence, evasive entrepreneurialism and technological civil disobedience are new checks and balances that help us rein in the excesses of the state, make government more transparent and accountable, and ensure that our civil rights and economic liberties are respected. Evasive Entrepreneurs and the Future of Governance explores why evasive entrepreneurs are increasingly engaged in different forms of technological civil disobedience and also makes the case that we should accept—and often even embrace—a certain amount of that activity as a way to foster innovation, economic growth, and accountable government.
Book Synopsis Fragile Democracies by : Samuel Issacharoff
Download or read book Fragile Democracies written by Samuel Issacharoff and published by Cambridge University Press. This book was released on 2015-06-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Download or read book The Unelected written by James R. Copland and published by Encounter Books. This book was released on 2020-09-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.
Book Synopsis The Two Faces of American Freedom by : Aziz Rana
Download or read book The Two Faces of American Freedom written by Aziz Rana and published by Harvard University Press. This book was released on 2014-04-07 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.
Book Synopsis Goddess of the Market by : Jennifer Burns
Download or read book Goddess of the Market written by Jennifer Burns and published by Oxford University Press. This book was released on 2009-10-19 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worshipped by her fans, denounced by her enemies, and forever shadowed by controversy and scandal, the novelist and philosopher Ayn Rand was a powerful thinker whose views on government and markets shaped the conservative movement from its earliest days. Drawing on unprecedented access to Rand's private papers and the original, unedited versions of Rand's journals, Jennifer Burns offers a groundbreaking reassessment of this key cultural figure, examining her life, her ideas, and her impact on conservative political thought. Goddess of the Market follows Rand from her childhood in Russia through her meteoric rise from struggling Hollywood screenwriter to bestselling novelist, including the writing of her wildly successful The Fountainhead and Atlas Shrugged. Burns highlights the two facets of Rand's work that make her a perennial draw for those on the right: her promotion of capitalism, and her defense of limited government. Both sprang from her early, bitter experience of life under Communism, and became among the most deeply enduring of her messages, attracting a diverse audience of college students and intellectuals, business people and Republican Party activists, libertarians and conservatives. The book also traces the development of Rand's Objectivist philosophy and her relationship with Nathaniel Branden, her closest intellectual partner, with whom she had an explosive falling out in 1968. One of the Denver Post's Great Reads of 2009 One of Bloomberg News's Top Nonfiction Books of 2009 "Excellent." --Time magazine "A terrific book--a serious consideration of Rand's ideas, and her role in the conservative movement of the past three quarters of a century." --The American Thinker "A wonderful book: beautifully written, completely balanced, extensively researched. The match between author and subject is so perfect that one might believe that the author was chosen by the gods to write this book. She has sympathy and affection for her subject but treats her as a human being, with no attempt to cover up the foibles." --Mises Economics Blog
Book Synopsis Scientocracy by : Patrick J. Michaels
Download or read book Scientocracy written by Patrick J. Michaels and published by . This book was released on 2019 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science can be a force for good, and it has enhanced our lives in countless ways, but even a cursory look at the last century shows that what passes for "science" can be detrimental. This book documents only some of the more recent abuses of science that informed members of the public should be aware of.
Author :United States. Congress. House. Committee on the Judiciary. Majority Staff Publisher :DIANE Publishing ISBN 13 :1437915701 Total Pages :487 pages Book Rating :4.4/5 (379 download)
Book Synopsis Reining in the Imperial Presidency by : United States. Congress. House. Committee on the Judiciary. Majority Staff
Download or read book Reining in the Imperial Presidency written by United States. Congress. House. Committee on the Judiciary. Majority Staff and published by DIANE Publishing. This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents the various abuses that occurred during the Bush Admin. relating to the House Judiciary Committee¿s review and jurisdiction, and to develop a comprehensive set of recommendations to prevent the recurrence of these or similar abuses in the future. Contents: Preface: ¿Deconstructing the Imperial Presidency,¿ which describes and critiques the key war power memos that gave rise to the concept of broad-based, unreviewable, and secret presidential powers in time of war. Also describes specific abuses of the Imperial Presidency relating to Judiciary Comm. inquiries. Includes a comprehensive set of 47 policy recommendations designed to respond to the abuses and excesses of the Bush Imperial Presidency.
Book Synopsis The Behavioral Code by : Benjamin van Rooij
Download or read book The Behavioral Code written by Benjamin van Rooij and published by Beacon Press. This book was released on 2021-10-26 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 2022 PROSE Award finalist in Legal Studies and Criminology A 2022 American Bar Association Silver Gavel Award Finalist A Behavioral Scientist’s Notable Book of 2021 Freakonomics for the law—how applying behavioral science to the law can fundamentally change and explain misbehavior Why do most Americans wear seatbelts but continue to speed even though speeding fines are higher? Why could park rangers reduce theft by removing “no stealing” signs? Why was a man who stole 3 golf clubs sentenced to 25 years in prison? Some laws radically change behavior whereas others are consistently ignored and routinely broken. And yet we keep relying on harsh punishment against crime despite its continued failure. Professors Benjamin van Rooij and Adam Fine draw on decades of research to uncover the behavioral code: the root causes and hidden forces that drive human behavior and our responses to society’s laws. In doing so, they present the first accessible analysis of behavioral jurisprudence, which will fundamentally alter how we understand the connection between law and human behavior. The Behavioral Code offers a necessary and different approach to battling crime and injustice that is based in understanding the science of human misconduct—rather than relying on our instinctual drive to punish as a way to shape behavior. The book reveals the behavioral code’s hidden role through illustrative examples like: • The illusion of the US’s beloved tax refund • German walls that “pee back” at public urinators • The $1,000 monthly “good behavior” reward that reduced gun violence • Uber’s backdoor “Greyball” app that helped the company evade Seattle’s taxi regulators • A $2.3 billion legal settlement against Pfizer that revealed how whistleblower protections fail to reduce corporate malfeasance • A toxic organizational culture playing a core role in Volkswagen’s emissions cheating scandal • How Peter Thiel helped Hulk Hogan sue Gawker into oblivion Revelatory and counterintuitive, The Behavioral Code catalyzes the conversation about how the law can effectively improve human conduct and respond to some of our most pressing issues today, from police misconduct to corporate malfeasance.
Book Synopsis The Right to Earn a Living by : Timothy Sandefur
Download or read book The Right to Earn a Living written by Timothy Sandefur and published by Cato Institute. This book was released on 2010-10-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race.
Book Synopsis The Unitary Executive by : Steven G. Calabresi
Download or read book The Unitary Executive written by Steven G. Calabresi and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed historical and legal examination of presidential power and the theory of the unitary executive.
Download or read book Forging Rivals written by Reuel Schiller and published by Cambridge University Press. This book was released on 2015-03-23 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forging Rivals tells the story of the rise and fall of postwar liberalism, vividly recounting the attempts of working people, labor lawyers, and civil rights litigators to create a legal system that promoted both economic opportunity and racial egalitarianism.
Book Synopsis Creating the Administrative Constitution by : Jerry L. Mashaw
Download or read book Creating the Administrative Constitution written by Jerry L. Mashaw and published by Yale University Press. This book was released on 2012-06-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Download or read book Administrative Procedure Act written by and published by . This book was released on 1946 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
