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Contents -- Acknowledgments -- Introduction -- Chapter One. An Improved Science of Administration: Administration and the American Founding -- Chapter Two. Well-Regulated and Free: Administration and Constitutionalism in the Early Republic -- Chapter Three. Executive-Centered Administration: Administrative Law and Constitutionalism during the Jacksonian Era -- Chapter Four. The Beginning of Bureaucracy? Administrative Power after the Civil War -- Chapter Five. A New Science of Administration: Progressivism and the Administrative State -- Chapter Six. The Crisis of Legitimacy: The New Deal Challenge to American Constitutionalism -- Chapter Seven. "A Surrogate Political Process": The 1970s Administrative Law Revolution -- Chapter Eight. The Conservative Counterrevolution? The Rise of a Jurisprudence of Deference -- Conclusion. The Ongoing Crisis of Legitimacy -- Notes -- Bibliography -- Index

"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"--Publisher's website.

AbstractWhen the modern administrative state emerged in America during the Progressive Era, at the beginning of the twentieth century, it was typically grounded on the premise that administrative officials are experts who should be insulated from politics. This theory, combined with emerging ideas of scientific management, contributed to the intellectual justification for the administrative state. However, progressives never fully reconciled the tension between this theory and the democratic nature of American politics. Because of this ambiguity and tension in the progressives' theory of expertise, the politics/administration dichotomy was abandoned shortly after the administrative state was constructed. The place of expertise in the administrative state is still ambiguous, even in the twenty-first century.

AbstractRecent scholarship has linked the rise of the Progressive movement in America to the creation of an "administrative state"—a form of government where legislative, executive, and judicial powers are delegated into the hands of administrative agencies which compose a "headless fourth branch of government." This form of government was largely constructed during the New Deal period. The influential legal theorist Roscoe Pound provides the paradoxical example of a Progressive who balked at the New Deal. While many commentators have concluded that Pound's opposition to the New Deal was based on a departure from his earlier Progressive thought, his opposition was in fact based on a consistent Progressive philosophy. Pound therefore provided a vision of an alternative administrative state, which would achieve the ends of the Progressive vision but without the means of the administrative state.

This book is a collection of primary source documents from leading constitutional conservatives during the period 1900-1930, many reproduced for the first time. The readings address the main political issues of the Progressive Era, such as economic regulation, federalism, executive power, and foreign policy.