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x, 419 p. ; 24 cm.
  • Recovering American administrative law
  • Pragmatic state-building
  • "To see that the laws are faithfully executed": managerial and hierarchical control in the early republic
  • Legal accountability: the common law model
  • Federalist state-building meets Republican small-state ideology
  • Administering the embargo: an exercise in regulatory hubris
  • Bureaucratizing land
  • Democracy and administration
  • The bank war and sub-treasury system
  • Democracy, office, and the reform of administrative organization
  • Regulating steamboats
  • The administrative constitution of "The Democracy"
  • Nation, state, and administration in the gilded age
  • Mass administrative adjudication: case studies in the development of internal administrative law
  • The administrative Constitution: then and now.
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning of the republic 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. Beyond describing a history that has previously gone largely unexamined, 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".
(source: Nielsen Book Data)9780300172300 20160608
Law Library (Crown)
xvi, 479 p. : ill. ; 24 cm.
  • Introduction
  • Entrepreneurship, networked legitimacy, and autonomy
  • The clerical state : obstacles to bureaucratic autonomy in nineteenth-century America
  • The Railway Mail, Comstockery, and the waning of the old postal regime, 1862-94
  • Organizational renewal and policy innovation in the National Postal System, 1890-1910
  • The triumph of the moral economy : finance, parcels, and the labor dilemma in the post office, 1908-24
  • Science in the service of seeds : the USDA, 1862-1900
  • From seeds to science : the USDA as university, 1897-1917
  • Multiple networks and the autonomy of bureaus : departures in food, pharmaceutical, and forestry policy, 1897-1913
  • Brokerage and bureaucratic policymaking : the cementing of autonomy at the USDA, 1914-28
  • Structure, reputation, and the bureaucratic failure of reclamation policy, 1902-14
  • Conclusion: The politics of bureaucratic autonomy.
Until now political scientists have devoted little attention to the origins of American bureaucracy and the relationship between bureaucratic and interest group politics. In this pioneering book, Daniel Carpenter contributes to our understanding of institutions by presenting a unified study of bureaucratic autonomy in democratic regimes. He focuses on the emergence of bureaucratic policy innovation in the United States during the Progressive Era, asking why the Post Office Department and the Department of Agriculture became politically independent authors of new policy and why the Interior Department did not. To explain these developments, Carpenter offers a new theory of bureaucratic autonomy grounded in organization theory, rational choice models, and network concepts. According to the author, bureaucracies with unique goals achieve autonomy when their middle-level officials establish reputations among diverse coalitions for effectively providing unique services. These coalitions enable agencies to resist political control and make it costly for politicians to ignore the agencies' ideas. Carpenter assesses his argument through a highly innovative combination of historical narratives, statistical analyses, counterfactuals, and carefully structured policy comparisons. Along the way, he reinterprets the rise of national food and drug regulation, Comstockery and the Progressive anti-vice movement, the emergence of American conservation policy, the ascent of the farm lobby, the creation of postal savings banks and free rural mail delivery, and even the congressional Cannon Revolt of 1910.
(source: Nielsen Book Data)9780691070094 20160528
Law Library (Crown)