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ALEXANDER et al. v. BROWN, 26 U.S. 683 (1828)

ALEXANDER et al. v. BROWN, 26 U.S. 683 (1828) PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 13

Book Description
File No. 1447

ALEXANDER et al. v. BROWN, 26 U.S. 683 (1828)

ALEXANDER et al. v. BROWN, 26 U.S. 683 (1828) PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 13

Book Description
File No. 1447

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The Associated Press V. National Labor Relations Board PDF Author:
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ISBN:
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Section 1983 Litigation PDF Author: Martin A. Schwartz
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ISBN: 9780226131146
Category : Law
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Category :
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Is Administrative Law Unlawful?

Is Administrative Law Unlawful? PDF Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646

Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.