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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