The Unwieldy American State

The Unwieldy American State
Author: Joanna L. Grisinger
Publisher: Cambridge University Press
Total Pages: 325
Release: 2012-07-30
Genre: History
ISBN: 1139536303

The Unwieldy American State offers a political and legal history of the administrative state from the 1940s through the early 1960s. After Progressive Era reforms and New Deal policies shifted a substantial amount of power to administrators, the federal government's new size and shape made one question that much more important: how should agencies and commissions exercise their enormous authority? In examining procedural reforms of the administrative process in light of postwar political developments, Grisinger shows how administrative law was shaped outside the courts. Using the language of administrative law, parties debated substantive questions about administrative discretion, effective governance and national policy, and designed reforms accordingly. In doing so, they legitimated the administrative process as a valid form of government.


The Unwieldy American State

The Unwieldy American State
Author: Joanna Grisinger
Publisher:
Total Pages: 326
Release: 2014-05-14
Genre: Administrative agencies
ISBN: 9781139525770

"The Unwieldy American State examines controversies over federal administrative law in the 1940s and 1950s"--


Debating the American State

Debating the American State
Author: Anne M. Kornhauser
Publisher: University of Pennsylvania Press
Total Pages: 336
Release: 2015-03-04
Genre: History
ISBN: 081224687X

The New Deal left a host of political, institutional, and economic legacies. Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This "leviathan" state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought—to the extent that "Big Government" is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function. Debating the American State traces the encounter between liberal thought and the rise of the administrative state and the resulting legitimacy issues that arose for democracy, the rule of law, and individual autonomy. Anne Kornhauser examines a broad and unusual cast of characters, including American social scientists and legal academics, the philosopher John Rawls, and German refugee intellectuals who had witnessed the destruction of democracy in the face of a totalitarian administrative state. In particular, she uncovers the sympathetic but concerned voices—commonly drowned out in the increasingly partisan political discourse—of critics who struggled to reconcile the positive aspects of the administrative state with the negative pressure such a contrivance brought on other liberal values such as individual autonomy, popular sovereignty, and social justice. By showing that the leviathan state was never given a principled and scrupulous justification by its proponents, Debating the American State reveals why the liberal state today remains haunted by programmatic dysfunctions and relentless political attacks.


States of Dependency

States of Dependency
Author: Karen M. Tani
Publisher: Cambridge University Press
Total Pages: 451
Release: 2016-04-04
Genre: History
ISBN: 1107076846

This book recounts the transformation of American poor relief in the decades spanning the New Deal and the War on Poverty.


Boundaries of the State in US History

Boundaries of the State in US History
Author: James T. Sparrow
Publisher: University of Chicago Press
Total Pages: 372
Release: 2015-10-12
Genre: History
ISBN: 022627778X

The question of how the American state defines its powernot what it is but what it "does"has become central to a range of historical discourses, from the founding of the Republic and the role of the educational system, to the functions of agencies and America s place in the world. Here, James Sparrow, William J. Novak, and Stephen Sawyer assemble some definitional work in this area, showing that the state is an integral actor in physical, spatial, and economic exercises of power. They further imply that traditional conceptions of the state cannot grasp the subtleties of power and its articulation. Contributors include C.J. Alvarez, Elisabeth Clemens, Richard John, Robert Lieberman, Omar McRoberts, Gautham Rao, Gabriel Rosenberg, Jason Scott Smith, Tracy Steffes, and the editors."


Judicializing the Administrative State

Judicializing the Administrative State
Author: Hiroshi Okayama
Publisher: Routledge
Total Pages: 303
Release: 2019-05-10
Genre: Social Science
ISBN: 1351393332

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.


Investigating the President

Investigating the President
Author: Douglas L. Kriner
Publisher: Princeton University Press
Total Pages: 304
Release: 2016
Genre: Political Science
ISBN: 0691171858

Cover -- Title -- Copyright -- Dedication -- Contents -- List of Tables and Figures -- Acknowledgments -- CHAPTER 1: Introduction -- CHAPTER 2: When Congress Investigates -- CHAPTER 3: Investigations and Public Opinion -- CHAPTER 4: The Direct Influence of Congressional Investigations on Policy Outcomes -- CHAPTER 5: The Indirect Influence of Congressional Investigations on Policy Outcomes -- CHAPTER 6: Investigations in the Age of Obama -- CHAPTER 7: Conclusion -- References -- Index