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Constitutional Coup - Privatization's Threat to the American Republic (Hardcover)
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Constitutional Coup - Privatization's Threat to the American Republic (Hardcover)
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Americans have a love-hate relationship with government. Rejecting
bureaucracy-but not the goods and services the welfare state
provides-Americans have demanded that government be made to run
like a business. Hence today's privatization revolution. But as Jon
D. Michaels shows, separating the state from its public servants,
practices, and institutions does violence to our Constitution, and
threatens the health and stability of the Republic. Constitutional
Coup puts forward a legal theory that explains the modern welfare
state as a worthy successor to the framers' three-branch
government. What legitimates the welfare state is its recommitment
to a rivalrous system of separation of powers, in which political
agency heads, career civil servants, and the public writ large
reprise and restage the same battles long fought among Congress,
the president, and the courts. Privatization now proclaims itself
as another worthy successor, this time to an administrative state
that Americans have grown weary of. Yet it is a constitutional
usurper. Privatization dismantles those commitments to separating
and checking state power by sidelining rivalrous civil servants and
public participants. Constitutional Coup cements the
constitutionality of the administrative state, recognizing civil
servants and public participants as necessary-rather than
disposable-components. Casting privatization as an existential
constitutional threat, it underscores how the fusion of politics
and profits commercializes government-and consolidates state power
in ways both the framers and administrative lawyers endeavored to
disaggregate. It urges-and sketches the outlines of-a
twenty-first-century bureaucratic renaissance.
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