The Administrative Threat

Encounter Intelligence

Book 3
Encounter Books
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Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional?

A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
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About the author

Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He writes on constitutional law, including religious liberty, freedom of speech and the press, administrative power, and unconstitutional conditions. His previous books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), and Is Administrative Law Unlawful? (Chicago 2014). He received a BA from Princeton and JD from Yale. He is a member of the American Academy of Arts and Sciences, and has been awarded the Sutherland Prize twice, the Henry Paolucci/Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
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Additional Information

Publisher
Encounter Books
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Published on
May 2, 2017
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Pages
68
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ISBN
9781594039508
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Language
English
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Genres
Political Science / American Government / Executive Branch
Political Science / Political Ideologies / Democracy
Political Science / Political Process / Leadership
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Content Protection
This content is DRM protected.
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Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. 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.
In the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing.

Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional.

Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America.
His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
What qualities make a leader succeed in business or politics? In an era when the information revolution has dramatically changed the playing field, when old organizational hierarchies have given way to fluid networks of contacts, and when mistrust of leaders is on the rise, our ideas about leadership are clearly due for redefinition. With The Powers to Lead, Joseph S. Nye offers a sweeping look at the nature of leadership in today's world, in an illuminating blend of history, business case studies, psychological research, and more. As he observes, many now believe that the more authoritarian and coercive forms of leadership--the hard power approaches of earlier military-industrial eras--have been largely supplanted in postindustrial societies by soft power approaches that seek to attract, inspire, and persuade rather than dictate. Nye argues, however, that the most effective leaders are actually those who combine hard and soft power skills in proportions that vary with different situations. He calls this smart power. Drawing examples from the careers of leaders as disparate as Gandhi, Churchill, Lee Iacocca, and George W. Bush, Nye uses the concept of smart power to shed light on such topics as leadership types and skills, the needs and demands of followers, and the nature of good and bad leadership in terms of both ethics and effectiveness. In one particularly instructive chapter, he looks in depth at contextual intelligence--the ability to understand changing environments, capitalize on trends, and use the flow of events to implement strategies. Thoroughly grounded in the real world, rich in both analysis and anecdote, The Powers to Lead is sure to become a modern classic, a concise and lucid work applicable to every field, from small businesses and nonprofit organizations to nations on the world stage. This paperback edition includes a new preface by the author.
From one of the world's preeminent political historians, a magisterial study of political leadership around the world from the advent of parliamentary democracy to the age of Obama.
All too frequently, leadership is reduced to a simple dichotomy: the strong versus the weak. Yet, there are myriad ways to exercise effective political leadership--as well as different ways to fail. We blame our leaders for economic downfalls and praise them for vital social reforms, but rarely do we question what makes some leaders successful while others falter. In this magisterial and wide-ranging survey of political leadership over the past hundred years, renowned Oxford politics professor Archie Brown challenges the widespread belief that strong leaders--meaning those who dominate their colleagues and the policy-making process--are the most successful and admirable.

In reality, only a minority of political leaders will truly make a lasting difference. Though we tend to dismiss more collegial styles of leadership as weak, it is often the most cooperative leaders who have the greatest impact. Drawing on extensive research and decades of political analysis and experience, Brown illuminates the achievements, failures and foibles of a broad array of twentieth century politicians. Whether speaking of redefining leaders like Franklin Delano Roosevelt, Lyndon Johnson, and Margaret Thatcher, who expanded the limits of what was politically possible during their time in power, or the even rarer transformational leaders who played a decisive role in bringing about systemic change--Charles de Gaulle, Mikhail Gorbachev and Nelson Mandela, among them--Brown challenges our commonly held beliefs about political efficacy and strength.

Overturning many of our assumptions about the twentieth century's most important figures, Brown's conclusions are both original and enlightening. The Myth of the Strong Leader compels us to reassess the leaders who have shaped our world - and to reconsider how we should choose and evaluate those who will lead us into the future.
Toxic leaders, both political, like Slobodan Milosevic, and corporate, like Enron's Ken Lay, have always been with us, and many books have been written to explain what makes them tick. Here leadership scholar Jean Lipman-Blumen explains what makes the followers tick, exploring why people will tolerate--and remain loyal to--leaders who are destructive to their organizations, their employees, or their nations. Why do we knowingly follow, seldom unseat, frequently prefer, and sometimes even create toxic leaders? Lipman-Blumen argues that these leaders appeal to our deepest needs, playing on our anxieties and fears, on our yearnings for security, high self-esteem, and significance, and on our desire for noble enterprises and immortality. She also explores how followers inadvertently keep themselves in line by a set of insidious control myths that they internalize. For example, the belief that the leader must necessarily be in a position to "know more" than the followers often stills their objections. In addition, outside forces--such as economic depressions, political upheavals, or a crisis in a company--can increase our anxiety and our longing for charismatic leaders. Lipman-Blumen shows how followers can learn critical lessons for the future and survive in the meantime. She discusses how to confront, reform, undermine, blow the whistle on, or oust a toxic leader. And she suggests how we can diminish our need for strong leaders, identify "reluctant leaders" among competent followers, and even nurture the leader within ourselves. Toxic leaders charm, manipulate, mistreat, weaken, and ultimately devastate their followers. The Allure of Toxic Leaders tells us how to recognize these leaders before it's too late.
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