Tocquevilles Nightmare
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| Author | : Daniel R. Ernst |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 241 |
| Release | : 2014 |
| Genre | : History |
| ISBN | : 0199920869 |
De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.
| Author | : Daniel R. Ernst |
| Publisher | : Oxford University Press |
| Total Pages | : 272 |
| Release | : 2014-04-21 |
| Genre | : Law |
| ISBN | : 0199920877 |
In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, the nation's best corporate lawyers were among the creators of "commission government" that supporters were more interested in purging government of corruption than creating a socialist utopia, and that the principles of individual rights, limited government, and due process were built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.
| Author | : Lucien Jaume |
| Publisher | : Princeton University Press |
| Total Pages | : 358 |
| Release | : 2013-03-21 |
| Genre | : Philosophy |
| ISBN | : 1400846722 |
A major intellectual biography of Toqueville that restores democracy in America to its essential context Many American readers like to regard Alexis de Tocqueville as an honorary American and democrat—as the young French aristocrat who came to early America and, enthralled by what he saw, proceeded to write an American book explaining democratic America to itself. Yet, as Lucien Jaume argues in this acclaimed intellectual biography, Democracy in America is best understood as a French book, written primarily for the French, and overwhelmingly concerned with France. "America," Jaume says, "was merely a pretext for studying modern society and the woes of France." For Tocqueville, in short, America was a mirror for France, a way for Tocqueville to write indirectly about his own society, to engage French thinkers and debates, and to come to terms with France's aristocratic legacy. By taking seriously the idea that Tocqueville's French context is essential for understanding Democracy in America, Jaume provides a powerful and surprising new interpretation of Tocqueville's book as well as a fresh intellectual and psychological portrait of the author. Situating Tocqueville in the context of the crisis of authority in postrevolutionary France, Jaume shows that Tocqueville was an ambivalent promoter of democracy, a man who tried to reconcile himself to the coming wave, but who was also nostalgic for the aristocratic world in which he was rooted—and who believed that it would be necessary to preserve aristocratic values in order to protect liberty under democracy. Indeed, Jaume argues that one of Tocqueville's most important and original ideas was to recognize that democracy posed the threat of a new and hidden form of despotism.
| Author | : Stephen W. Sawyer |
| Publisher | : University of Chicago Press |
| Total Pages | : 244 |
| Release | : 2018-04-13 |
| Genre | : History |
| ISBN | : 022654463X |
An intelligent, engaging, and in-depth reading of the nature of the state and the establishment of the modern political order in the mid-nineteenth century. Previous studies have covered in great detail how the modern state slowly emerged from the early Renaissance through the seventeenth century, but we know relatively little about the next great act: the birth and transformation of the modern democratic state. And in an era where our democratic institutions are rife with conflict, it’s more important now than ever to understand how our institutions came into being. Stephen W. Sawyer’s Demos Assembled provides us with a fresh, transatlantic understanding of that political order’s genesis. While the French influence on American political development is well understood, Sawyer sheds new light on the subsequent reciprocal influence that American thinkers and politicians had on the establishment of post-revolutionary regimes in France. He argues that the emergence of the stable Third Republic (1870–1940), which is typically said to have been driven by idiosyncratic internal factors, was in fact a deeply transnational, dynamic phenomenon. Sawyer’s findings reach beyond their historical moment, speaking broadly to conceptions of state formation: how contingent claims to authority, whether grounded in violence or appeals to reason and common cause, take form as stateness.
| Author | : G. Edward White |
| Publisher | : Oxford University Press |
| Total Pages | : 1117 |
| Release | : 2019-04-25 |
| Genre | : Law |
| ISBN | : 0190634960 |
In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.
| Author | : Michael A. Ledeen |
| Publisher | : Truman Talley Books |
| Total Pages | : 206 |
| Release | : 2001-10-05 |
| Genre | : History |
| ISBN | : 0312274513 |
In 1831, Alexis De Tocqueville, a twenty-six-year-old French aristocrat, spent nine months travelling across the United States. From the East Coast to the frontier, from the Canadian border to New Orleans, Tocqueville observed the American people and the revolutionary country they'd created. His celebrated Democracy in America, the most quoted work on America ever written, presented the new Americans with a degree of understanding no one had accomplished before or has since. Astonished at the pace of daily life and stimulated by people at all levels of society, Tocqueville recognized that Americans were driven by a series of internal conflicts: simultaneously religious and materialistic; individualistic and yet deeply involved in community affairs; isolationist and interventionist; pragmatic and ideological. Noted author Michael Ledeen takes a fresh look at Tocqueville's insights into our national psyche and asks whether Americans' national character, which Tocqueville believed to be wholly admirable, has fallen into moral decay and religious indifference. Michael Ledeen's sparkling new exploration has some surprising answers and provides a lively new look at a time when character is at the center of our national debate.
| Author | : Jeremy Jennings |
| Publisher | : Harvard University Press |
| Total Pages | : 545 |
| Release | : 2023-03-21 |
| Genre | : Biography & Autobiography |
| ISBN | : 0674293118 |
A revelatory intellectual biography of Tocqueville, told through his wide-ranging travels—most of them, aside from his journey to America, barely known. It might be the most famous journey in the history of political thought: in 1831, Alexis de Tocqueville sailed from France to the United States, spent nine months touring and observing the political culture of the fledgling republic, and produced the classic Democracy in America. But the United States was just one of the many places documented by the inveterate traveler. Jeremy Jennings follows Tocqueville’s voyages—by sailing ship, stagecoach, horseback, train, and foot—across Europe, North Africa, and of course North America. Along the way, Jennings reveals underappreciated aspects of Tocqueville’s character and sheds new light on the depth and range of his political and cultural commentary. Despite recurrent ill health and ever-growing political responsibilities, Tocqueville never stopped moving or learning. He wanted to understand what made political communities tick, what elite and popular mores they rested on, and how they were adjusting to rapid social and economic change—the rise of democracy and the Industrial Revolution, to be sure, but also the expansion of empire and the emergence of socialism. He lauded the orderly, Catholic-dominated society of Quebec; presciently diagnosed the boisterous but dangerously chauvinistic politics of Germany; considered England the freest and most unequal place on Earth; deplored the poverty he saw in Ireland; and championed French colonial settlement in Algeria. Drawing on correspondence, published writings, speeches, and the recollections of contemporaries, Travels with Tocqueville Beyond America is a panoramic combination of biography, history, and political theory that fully reflects the complex, restless mind at its center.
| Author | : Julie Novkov |
| Publisher | : University Press of Kansas |
| Total Pages | : 304 |
| Release | : 2020-05-07 |
| Genre | : Social Science |
| ISBN | : 0700629238 |
Glance at a political party’s platform, catch a politician’s speech, sample the news, and you will find the family—not as a mere group of people living together in the private sphere, but as a contentious entity at the center of political disputes and policy debates over everything from marriage equality and gender identity to immigration and welfare reform. The key role of the family in politics and public policy, so often relegated to the outer margins of political science and theory, comes in for long overdue consideration in this volume. Bringing together political scientists and legal scholars of wide-ranging interests and perspectives, Stating the Family explores the role of the family in American political development: as a focus of political struggle, a place where policy happens, a means of distributing governmental goods, and a way of relating individuals to the state and to each other in legal terms. While the authors gathered here examine important policy questions that relate to the family—including immigration, welfare, citizenship, partisanship, and ideology—they pay particular attention to changes in family structures and responsibilities in light of the rise of neoliberalism. Illustrated with case studies—some contemporary, some historical—their essays provide individual takes on different links between family and politics, creating a nuanced conversation on this complex topic. The result is a multifaceted view of the family’s place in the development of American political institutions and a unique understanding of the work that family does to structure politics—and that politics does to structure families.
| Author | : Harvard Law Review |
| Publisher | : Quid Pro Books |
| Total Pages | : 344 |
| Release | : 2016-01-10 |
| Genre | : Law |
| ISBN | : 1610278135 |
The January 2016 issue, Number 3, features these contents: • Article, "Presidential Intelligence," by Samuel J. Rascoff • Book Review, "The Struggle for Administrative Legitimacy," by Jeremy K. Kessler (on Daniel Ernst's book about the administrative state) • Note, "Existence-Value Standing" • Note, "Rethinking Closely Regulated Industries" In addition, student commentary analyzes Recent Cases on compelled disclosures in commercial speech; due process notice of procedures to challenge a local ordinance; standing after liquidation actions taken under Dodd-Frank; exaction and takings by acquiring equity shares in AIG; religious liberty after Hobby Lobby; bias-intimidation laws and mens rea; and whether document production is the 'practice of law' under labor law. The issue includes analysis of a Recent Court Filing by the DOJ supporting a meaningful juvenile right to counsel. Finally, the issue includes comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the third issue of academic year 2015-2016.
| Author | : Joseph Postell |
| Publisher | : University of Missouri Press |
| Total Pages | : 416 |
| Release | : 2017-07-30 |
| Genre | : Political Science |
| ISBN | : 0826273785 |
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
