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Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law

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."

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Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law

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."

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Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law
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Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law

Overview

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."

Product Details

ISBN-13: 9780300183474
Publisher: Yale University Press
Publication date: 06/26/2012
Sold by: Barnes & Noble
Format: eBook
File size: 910 KB

About the Author

Jerry L. Mashaw is Sterling Professor of Law at Yale Law School.

Table of Contents

Preface and Acknowledgments vii

Introduction

1 Recovering American Administrative Law 3

Part I Federalist Foundations, 1787-1801

2 Pragmatic State-Building 29

3 "To see that the laws are faithfully executed": Managerial and Hierarchical Control in the Early Republic 53

4 Legal Accountability: The Common Law Model 65

Part II Reluctant Nationalists, 1801-1829

5 Federalist State-Building Meets Republican Small-State Ideology 81

6 Administering the Embargo: An Exercise in Regulatory Hubris 91

7 Bureaucratizing Land 119

Part III Administration and "The Democracy," 1829-1861

8 Democracy and Administration 147

9 The Bank War and Sub-Treasury System 156

10 Democracy, Office, and the Reform of Administrative Organization 175

11 Regulating Steamboats 187

12 The Administrative Constitution of "The Democracy" 209

Part IV Administrative Government in the Gilded Age

13 Nation, State, and Administration in the Gilded Age 227

14 Mass Administrative Adjudication: Case Studies in the Development of Internal Administrative Law 251

Part V Rethinking the Administrative Constitution

15 The Administrative Constitution: Then and Now 285

Notes 317

Index 415

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