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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."
- Sales Rank: #521464 in eBooks
- Published on: 2012-06-26
- Released on: 2012-06-26
- Format: Kindle eBook
Review
Winner of the 2013 American Bar Association's, Administrative Law Section's Annual Scholarship Award. (Administrative Law Section Annual Award American Bar Association 2013-08-15)
About the Author
Jerry L. Mashaw is Sterling Professor of Law at Yale Law School.
Most helpful customer reviews
3 of 8 people found the following review helpful.
Surely the author jests!
By David M. Zuniga
The oxymoronic/eponymous title says it all. I'm so thankful I did not click the 'buy now' button on this Kindle volume.
The bedrock and context of American rule of law is the Constitution for the United States. To this bedrock is added the loose stones of federal laws and treaties made "under their authority" (Art. VI, Sec 2). But I assure you, nowhere in the constitutional universe was a bureaucratic, positive-law administrative state authorized, conceived, or practiced in America between our War for Independence and ratification of our present Constitution.
Reasoning from greater to lesser authority: in the U.S. Constitution, We The People "do ordain" -- give birth and definition and limitation to - "a Congress of the United States" (Article I), "a President of the United States..." (Article II), and "one supreme Court" (Article III). Further in Article III, the People authorize our servants in Congress to establish its system of inferior federal courts, having no power at all over the People in an individual or a plenary sense; only as relate to federal employees ('ministers', ambassadors, et al.).
For a cogent, historically consistent, exhaustively supported, withering refutation of this book's thesis, see Professor Philip Hamburger's definitive work, 'Is Administrative Law Unlawful?'.
D.M. Zuniga, P.E.
Founder/CEO, AmericaAgain!
Author, 'This Bloodless Liberty' (2010); 'Fear The People' (2015)
0 of 4 people found the following review helpful.
This is a great book with some important historical insights in how the ...
By E. Clark
This is a great book with some important historical insights in how the Founding Fathers viewed the Constitution. And the book is extremely interesting to read. Well Done!!!!
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