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Creating the Administrative Constitution - Mashaw, Jerry L. - Yale University Press

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Yale Law Library Series in Legal History and Reference


Creating the Administrative Constitution

The Lost One Hundred Years of American Administrative Law

  • Jerry L. Mashaw
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Winner of the 2013 American Bar Association's, Administrative Law Section's Annual Scholarship Award.

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."

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