Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government

417 Pages·2017·1.72 MB·English

by  Joseph Postell

BUREAUCRACY IN AMERICA
The Administrative State’s Challenge to
Constitutional Government

BUREAUCRACY IN AMERICA
The Administrative State’s Challenge to
Constitutional Government
Joseph Postell
UNIVERSITY OF MISSOURI PRESS
COLUMBIA
Publication of this volume has been supported with a gift from the
Kinder Institute on Constitutional Democracy.
Copyright © 2017 by
The Curators of the University of Missouri
University of Missouri Press, Columbia, Missouri 65211
Printed and bound in the United States of America
All rights reserved. First printing, 2017
ISBN: 978- 0- 8262-2123-0
Library of Congress Control Number: 2017932480
This paper meets the requirements of the
American National Standard for Permanence of Paper
for Printed Library Materials, Z39.48, 1984.
Typeface: Caslon and Trajan
Studies in Constitutional Democracy
Justin B. Dyer and Jeffrey L. Pasley, Series Editors
The Studies in Constitutional Democracy Series explores the origins and de-
velopment of American constitutional and democratic traditions, as well as
their applications and interpretations throughout the world. The often subtle
interaction between constitutionalism’s commitment to the rule of law and
democracy’s emphasis on the rule of the many lies at the heart of this enter-
prise. Bringing together insights from history and political theory, the series
showcases interdisciplinary scholarship that traces constitutional and dem-
ocratic themes in American politics, law, society, and culture, with an eye to
both the practical and theoretical implications.
Previous Titles in Studies in Constitutional Democracy
Lloyd Gaines and the Fight to End Segregation
James W. Endersby and William T. Horner
John Henry Wigmore and the Rules of Evidence:
The Hidden Origins of Modern Law
Andrew Porwancher

To My Parents, John and Laura Postell

CONTENTS
Acknowledgments xi
Introduction 3
chapter one An Improved Science of Administration:
Administration and the American Founding 13
chapter two Well- Regulated and Free: Administration
and Constitutionalism in the Early Republic 59
chapter three Executive- Centered Administration: Administrative
Law and Constitutionalism during the Jacksonian Era 95
chapter four The Beginning of Bureaucracy?
Administrative Power after the Civil War 127
chapter five A New Science of Administration:
Progressivism and the Administrative State 167
chapter six The Crisis of Legitimacy: The New
Deal Challenge to American Constitutionalism 207
chapter seven “A Surrogate Political Process”:
The 1970s Administrative Law Revolution 247
chapter eight The Conservative Counterrevolution?
The Rise of a Jurisprudence of Deference 281
conclusion The Ongoing Crisis of Legitimacy 315
Notes 323
Bibliography 375
Index 389
ix