SYMPOSIUM: CHANGING IMAGES OF THE STATE: THE RISE AND RISE OF THE ADMINISTRATIVE STATE. Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1994 The Harvard Law Review Association.

Harvard Law Review

SYMPOSIUM: CHANGING IMAGES OF THE STATE: THE RISE AND RISE OF THE ADMINISTRATIVE STATE.

APRIL, 1994

107 Harv. L. Rev. 1231

Author

Gary Lawson *

Excerpt

The post-New Deal administrative state is unconstitutional, 1 and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution. 2 The original New Dealers were aware, at least to some degree, that their vision of the national government's proper role and structure could not be squared with the written Constitution: 3 The Administrative Process, James Landis's classic exposition of the New Deal model of administration, fairly drips with contempt for the idea of a limited national government subject to a formal, tripartite separation of powers. 4 Faced with a choice between the administrative state and the Constitution, the architects of our modern government chose the administrative state, and their choice has stuck.

There is a perception among some observers, however, that this post-New Deal consensus has recently come under serious legal attack, especially from the now-departed Reagan and Bush administrations. 5 But though debate about structural constitutional issues has clearly grown more vibrant over the past few decades, 6 the essential features of the modern administrative state have, for more than half a century, been taken as unchallengeable postulates by virtually all players in the legal and political worlds, including the Reagan and Bush administrations. The post-New Deal conception of the national government has not changed one iota, nor even been a serious subject of discussion, since the Revolution of 1937. 7

Part I of this Article sketches, in purely descriptive fashion, some of the most important ways in which the modern administrative ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities