To Run a Constitution: The Legitimacy of the Administrative State
In 1887, the centennial year of the American Constitution, Woodrow Wilson wrote that "it is getting to be harder to run a constitution than to frame one." The context for Wilson's comment was an essay calling for sound principles of administration that would enable government officials to "run" a constitution well. Wilson and his fellow civil-service reformers had a profound influence on the development of American administrative institutions. Unfortunately, the reformers paid more attention to the exigencies of running a constitution than to the Constitution itself. They and their intellectual progeny developed a theory of administration that was at odds with the theory of the Constitution. As a result, we find ourselves living today in what we often call an "administrative state"—a state seemingly bereft of legitimating principles grounded in the political thought of the framers of the Constitution.

In To Run a Constitution, John A. Rohr takes seriously two basic premises: de Tocqueville's belief that citizens are corrupted by obeying powers they believe to be illegitimate, and the view that, despite present political sentiment, the administrative state is here to stay. The book focuses on the important question of whether the administrative state, an abiding presence in American politics, can be justified in terms of the American constitutional tradition.

In addressing this question, Rohr goes beyond considerations of case law to examine the principles of the Constitution both at its founding and in its subsequent development. Reying on the normative character of political "foundings," Rohr analyzes three significant founding periods: 1) the founding of the Republic, 1787-1795; 2) the foundin of public administration, 1883-1899; and 3) the founding of the administrative state, 1933-1941. He judges the last two foundings by the first in developing his argument that the modern administrative state can be justified in terms of the kind of government the framers of the Constitution envisaged.

On the eve of the bicentennial of the Constitution, Rohr's argument advances a new, normative theory of public administration that is intended to "support and defend the Constitution of the United States," in accordance with the oath of office taken by public administrators. It is critical reading for scholars in the fields of public administration, political science, and constitutional studies.
1125794704
To Run a Constitution: The Legitimacy of the Administrative State
In 1887, the centennial year of the American Constitution, Woodrow Wilson wrote that "it is getting to be harder to run a constitution than to frame one." The context for Wilson's comment was an essay calling for sound principles of administration that would enable government officials to "run" a constitution well. Wilson and his fellow civil-service reformers had a profound influence on the development of American administrative institutions. Unfortunately, the reformers paid more attention to the exigencies of running a constitution than to the Constitution itself. They and their intellectual progeny developed a theory of administration that was at odds with the theory of the Constitution. As a result, we find ourselves living today in what we often call an "administrative state"—a state seemingly bereft of legitimating principles grounded in the political thought of the framers of the Constitution.

In To Run a Constitution, John A. Rohr takes seriously two basic premises: de Tocqueville's belief that citizens are corrupted by obeying powers they believe to be illegitimate, and the view that, despite present political sentiment, the administrative state is here to stay. The book focuses on the important question of whether the administrative state, an abiding presence in American politics, can be justified in terms of the American constitutional tradition.

In addressing this question, Rohr goes beyond considerations of case law to examine the principles of the Constitution both at its founding and in its subsequent development. Reying on the normative character of political "foundings," Rohr analyzes three significant founding periods: 1) the founding of the Republic, 1787-1795; 2) the foundin of public administration, 1883-1899; and 3) the founding of the administrative state, 1933-1941. He judges the last two foundings by the first in developing his argument that the modern administrative state can be justified in terms of the kind of government the framers of the Constitution envisaged.

On the eve of the bicentennial of the Constitution, Rohr's argument advances a new, normative theory of public administration that is intended to "support and defend the Constitution of the United States," in accordance with the oath of office taken by public administrators. It is critical reading for scholars in the fields of public administration, political science, and constitutional studies.
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To Run a Constitution: The Legitimacy of the Administrative State

To Run a Constitution: The Legitimacy of the Administrative State

by John A. Rohr
To Run a Constitution: The Legitimacy of the Administrative State

To Run a Constitution: The Legitimacy of the Administrative State

by John A. Rohr

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Overview

In 1887, the centennial year of the American Constitution, Woodrow Wilson wrote that "it is getting to be harder to run a constitution than to frame one." The context for Wilson's comment was an essay calling for sound principles of administration that would enable government officials to "run" a constitution well. Wilson and his fellow civil-service reformers had a profound influence on the development of American administrative institutions. Unfortunately, the reformers paid more attention to the exigencies of running a constitution than to the Constitution itself. They and their intellectual progeny developed a theory of administration that was at odds with the theory of the Constitution. As a result, we find ourselves living today in what we often call an "administrative state"—a state seemingly bereft of legitimating principles grounded in the political thought of the framers of the Constitution.

In To Run a Constitution, John A. Rohr takes seriously two basic premises: de Tocqueville's belief that citizens are corrupted by obeying powers they believe to be illegitimate, and the view that, despite present political sentiment, the administrative state is here to stay. The book focuses on the important question of whether the administrative state, an abiding presence in American politics, can be justified in terms of the American constitutional tradition.

In addressing this question, Rohr goes beyond considerations of case law to examine the principles of the Constitution both at its founding and in its subsequent development. Reying on the normative character of political "foundings," Rohr analyzes three significant founding periods: 1) the founding of the Republic, 1787-1795; 2) the foundin of public administration, 1883-1899; and 3) the founding of the administrative state, 1933-1941. He judges the last two foundings by the first in developing his argument that the modern administrative state can be justified in terms of the kind of government the framers of the Constitution envisaged.

On the eve of the bicentennial of the Constitution, Rohr's argument advances a new, normative theory of public administration that is intended to "support and defend the Constitution of the United States," in accordance with the oath of office taken by public administrators. It is critical reading for scholars in the fields of public administration, political science, and constitutional studies.

Product Details

ISBN-13: 9780700603015
Publisher: University Press of Kansas
Publication date: 05/01/1986
Series: Studies in Government and Public Policy
Pages: 288
Product dimensions: 8.90(w) x 5.90(h) x 0.80(d)

Table of Contents

Preface

1. Introduction

Foundings

The Anti-Federalists

Part I: Founding the Republic, 1787/88

2. Separation of Powers

The Constitutional Text

The Framers on Separation of Powers

3. The Senate as Executive Establishment

Executive Establishment

Attributes of the Senate

4. Representation as a Constitutional Defect

The Number of Representatives

The Character of Representatives

Part 2: Founding the Administrative State in Word, 1887-1900

5. Woodrow Wilson as Constitutionalist

Wilson and Constitutional Change

Constitutions and Administration

Wilson as Conservative Democrat

Wilson and the Framers

6. Frank J. Goodnow and the Framers

The Constitutional Theory of the Framers

Frank J. Goodnow

A Reflection

7. Thomas M. Cooley and the Interstate Commerce Commission

The Constitutional Background

The Interstate Commerce Act

Thomas M. Cooley

Part 3: Founding the Administrative State in Deed: The New Deal

8. National Supremacy

The Commerce Clause

The General Welfare Clause

The Necessary and Proper Clause

9. Executive Supremacy: The Brownlow Report

The Managerial Presidency

The President and Congress

Fundamental Principles

Government Personnel

The Rhetoric of Brownlow

10. Individual Rights: The Attorney General’s Report

Individual Rights and Adjudication

Uniformity in Administrative Procedure

Scope of Review

Rule Making

11. Conclusion

Analyzing and Argument

A Constitutional Theory of Public Administration

The Oath of Office

Appendix A. The Constitution of the United States

Appendix B. President Franklin D. Roosevelt’s Message to Congress in Support of the Brownlow Report, 12 January 1937

Notes

Index

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