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Unmasking the Administrative State

Unmasking the Administrative State PDF Author: John Marini
Publisher: Encounter Books
ISBN: 1641770244
Category : Political Science
Languages : en
Pages : 342

Book Description
The election of Donald J. Trump to the presidency shocked the political establishment, triggering a wave of hysteria among the bicoastal elite that may never subside. The biggest shockwaves of all, however, were felt not in the progressive parishes of Manhattan or San Francisco, but in the halls of the political elite’s cherished and oft-overlooked center of power—Washington, DC’s sprawling “administrative state”—for President Trump represented an existential threat to its denizens, who came to be known as “swamp creatures.” How did it come to pass that the “draining of the swamp” would become a core aim of the Trump administration, impacting everything from judicial appointments to the federal budget and regulatory policy? Marini’s unmasking of the administrative state goes beyond bureaucracy or legalism to its core in an intellectual elite whose consensus transcends whatever disagreements flare up. The universities, the media, and think-tanks that denounce Trump are its heart. The answer to this question and many more lies in the underappreciated but revolutionary scholarship of Professor John Marini, collected in his new book, Unmasking the Administrative State, which tells the critical missed story of the last century of political history: The ascendance of the theory behind and resultant growth of an administrative state that has supplanted limited constitutional government with the tyranny of unbounded anticonstitutional bureaucracy. Marini illustrates the existential threat of the administrative state to our republic, exposes the regressive philosophy from which it springs, and argues for the reassertion of the founding principles to restore self-government. The Trump administration may be the best chance to apply the lessons of Marini’s life’s work and seize this remarkable opportunity to restore power to its rightful owners: the American people.

Unmasking the Administrative State

Unmasking the Administrative State PDF Author: John Marini
Publisher: Encounter Books
ISBN: 1641770244
Category : Political Science
Languages : en
Pages : 342

Book Description
The election of Donald J. Trump to the presidency shocked the political establishment, triggering a wave of hysteria among the bicoastal elite that may never subside. The biggest shockwaves of all, however, were felt not in the progressive parishes of Manhattan or San Francisco, but in the halls of the political elite’s cherished and oft-overlooked center of power—Washington, DC’s sprawling “administrative state”—for President Trump represented an existential threat to its denizens, who came to be known as “swamp creatures.” How did it come to pass that the “draining of the swamp” would become a core aim of the Trump administration, impacting everything from judicial appointments to the federal budget and regulatory policy? Marini’s unmasking of the administrative state goes beyond bureaucracy or legalism to its core in an intellectual elite whose consensus transcends whatever disagreements flare up. The universities, the media, and think-tanks that denounce Trump are its heart. The answer to this question and many more lies in the underappreciated but revolutionary scholarship of Professor John Marini, collected in his new book, Unmasking the Administrative State, which tells the critical missed story of the last century of political history: The ascendance of the theory behind and resultant growth of an administrative state that has supplanted limited constitutional government with the tyranny of unbounded anticonstitutional bureaucracy. Marini illustrates the existential threat of the administrative state to our republic, exposes the regressive philosophy from which it springs, and argues for the reassertion of the founding principles to restore self-government. The Trump administration may be the best chance to apply the lessons of Marini’s life’s work and seize this remarkable opportunity to restore power to its rightful owners: the American people.

Unmasking Administrative Evil

Unmasking Administrative Evil PDF Author: Guy Adams
Publisher: M.E. Sharpe
ISBN: 0765629003
Category : Political Science
Languages : en
Pages : 242

Book Description
The modern age with its emphasis on technical rationality has enabled a new and dangerous form of evil--administrative evil. Unmasking Administrative Evil discusses the overlooked relationship between evil and public affairs, as well as other fields and professions in public life. The authors argue that the tendency toward administrative evil, as manifested in acts of dehumanization and genocide, is deeply woven into the identity of public affairs. The common characteristic of administrative evil is that ordinary people within their normal professional and administrative roles can engage in acts of evil without being aware that they are doing anything wrong. Under conditions of moral inversion, people may even view their evil activity as good. In the face of what is now a clear and present danger in the United States, this book seeks to lay the groundwork for a more ethical and democratic public life; one that recognizes its potential for evil, and thereby creates greater possibilities for avoiding the hidden pathways that lead to state-sponsored dehumanization and destruction. What's new in the Fourth Edition of Unmasking Administrative Evil: UAE is updated and revised with new scholarship on administrative ethics, evil, and contemporary politics. The authors include new cases on the dangers of market-based governance, contracting out, and deregulation. There is an enhanced focus on the potential for administrative evil in the private sector. The authors have written a new Afterword on administrative approaches to the aftermath of evil, with the potential for expiation, healing, and reparations.

Unmasking Administrative Evil

Unmasking Administrative Evil PDF Author: Guy B. Adams
Publisher: SAGE Publications
ISBN: 1452263191
Category : Political Science
Languages : en
Pages : 241

Book Description
Although social scientists generally do not discuss "evil" in an academic setting, there is no denying that it has existed in public administration throughout human history. Hundreds of millions of human beings have died as a direct or indirect consequence of state-sponsored violence. The authors argue that administrative evil, or destructiveness, is part of the identity of all modern public administration (as it is part of psychoanalytic study at the individual level). It goes beyond a superficial critique of public administration and lays the groundwork for a more effective and humane profession.

Law and Leviathan

Law and Leviathan PDF Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209

Book Description
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

The Politics Of Budget Control

The Politics Of Budget Control PDF Author: John A. Marini
Publisher: Taylor & Francis
ISBN: 1135844348
Category : Political Science
Languages : en
Pages : 224

Book Description
First Published in 1992. The federal budget has attained unparalleled significance at the heart of American politics in the last quarter of the twentieth century. The modern budget system has become the mechanism by which a distinctively American administrative state was put in place and made operative. The growth of the administrative state has transformed politics in America, but many Americans are unaware of its existence. This study looks at budget control within the realms of Congress, the Presidency and the development of the Administrative State.

Is Administrative Law Unlawful?

Is Administrative Law Unlawful? PDF Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646

Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

The Progressive Revolution in Politics and Political Science

The Progressive Revolution in Politics and Political Science PDF Author: John Marini
Publisher: Rowman & Littlefield Publishers
ISBN: 1461666546
Category : Political Science
Languages : en
Pages : 397

Book Description
The Progressive Revolution in Politics and Political Science explores the scope, ambition, and effect of the Progressive revolution of a century ago, which relegated the theory and practice of the Founders to an antiquated historical phase. By contrast, our contributors see beyond the horizon of Progressivism to take account of the Founders' moral and political premises and illuminate its effects on our political science and political practice today. It is a study in political philosophy, intellectual history, and current political understanding.

The Administrative Threat

The Administrative Threat PDF Author: Philip Hamburger
Publisher: Encounter Books
ISBN: 159403950X
Category : Political Science
Languages : en
Pages : 68

Book Description
Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.

Regulation in the States

Regulation in the States PDF Author: Paul Teske
Publisher: Rowman & Littlefield
ISBN: 9780815796312
Category : Political Science
Languages : en
Pages : 296

Book Description
Deregulation continues to be a hot-button issues in the United States. While the national debates rage, however, regulation at the state level still flies below the public's radar screen, although it is critically important. Paul Teske provides the foundation necessary to assess competing claims about state-level economic regulation in a time of turbulent politics and uncertain economics. He has produced an indespensable resource, offering both depth and breadth. Regulation in the States provides original quantitative analyses of state-level regulation across all the states in ten important sectors such as telecommunications, electricity, and professional licensing. Each section uses the same template for research and discussion, enabling cross-comparison among industries. Teske finds that commonly held fears of regulatory capture by industry are overblown, as are worries about an inevitable "race to the bottom." Legislatures and agencies still tend to base their policy decisions on their own ideologies and analysis. Teske also examines important exceptions, however, such as the case of occupational regulation. State-level regulation is neither inherently evil nor universally wise. The truth is somewhere in between, often found among the details. Nobody would argue it is perfect, however, and Teske assesses a wide range of possible reforms.

Meandering in Transition

Meandering in Transition PDF Author: Ostap Kushnir
Publisher: Rowman & Littlefield
ISBN: 1793650756
Category : Political Science
Languages : en
Pages : 423

Book Description
This edited collection addresses the dynamics of the post-Communist transition in Central Eastern Europe. Its contributors present a detailed analysis of the events unfolding during the last three decades in the region, focusing in particular on identity-building processes and reforms in Belarus, Bulgaria, Czechia, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, and Ukraine. The contributors outline reasons why some of these states accomplished a decisive break with the Communist past and became members of European and transatlantic structures, while some opted for pseudo-transition and fostered hybrid political regimes, jeopardizing their genuine integration with the West. A group of states which decided to preserve their Communist legacy is also explained. The collection describes and scrutinizes the formation of geopolitical affiliations and the evolution of discourses of belonging. It also traces the fluctuating dynamics of national decision-making and institution-building, as many of the post-Communist states reconsider and re-elaborate their initial ideas and visions of Europe today. Finally, the collection brings to light the rapidly changing perceptions of the region by the major global actors—the European Union, People’s Republic of China, Russian Federation, and others.