Tocqueville's Nightmare

2014 History

Author : Daniel R. Ernst
Release : 2014
Genre : History
Kind : eBook
Book Rating : 869/5 ( reviews)

Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tocqueville's Nightmare

2014-04-21 Law

Author : Daniel R. Ernst
Release : 2014-04-21
Genre : Law
Kind : eBook
Book Rating : 877/5 ( reviews)

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Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst. This book was released on 2014-04-21. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tocqueville

2013-03-21 Philosophy

Author : Lucien Jaume
Release : 2013-03-21
Genre : Philosophy
Kind : eBook
Book Rating : 722/5 ( reviews)

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Book Synopsis Tocqueville by : Lucien Jaume

Download or read book Tocqueville written by Lucien Jaume. This book was released on 2013-03-21. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Demos Assembled

2018-04-13 History

Author : Stephen W. Sawyer
Release : 2018-04-13
Genre : History
Kind : eBook
Book Rating : 63X/5 ( reviews)

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Book Synopsis Demos Assembled by : Stephen W. Sawyer

Download or read book Demos Assembled written by Stephen W. Sawyer. This book was released on 2018-04-13. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law in American History, Volume III

2019-04-25 Law

Author : G. Edward White
Release : 2019-04-25
Genre : Law
Kind : eBook
Book Rating : 960/5 ( reviews)

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Book Synopsis Law in American History, Volume III by : G. Edward White

Download or read book Law in American History, Volume III written by G. Edward White. This book was released on 2019-04-25. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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