Constitutional Bureaucracy

Originally published in 1969, this book discusses specific issues in the rise of a ‘constitutional bureaucracy’ as a counter-part to constitutional monarchy. These issues, including patronage, ministerial power and responsibility and the ‘grey-eminence’ myth are set against the relationship among legislation and administration, Treasury control and the relevance of public administration to our conception of public accountability and ‘representative bureaucracy.’

The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

A thorough update to this well-regarded political history of American public administration. In this new edition of his provocative book Bureaucracy and Self-Government, Brian J. Cook reconsiders his thesis regarding the inescapable tension between the ideal of self-government and the reality of administratively centered governance. Revisiting his historical exploration of competing conceptions of politics, government, and public administration, Cook offers a novel way of thinking constitutionally about public administration that transcends debates about “big government.” Cook enriches his historical analysis with new scholarship and extends that analysis to the present, taking account of significant developments since the mid-1990s. Each chapter has been updated, and two new chapters sharpen Cook’s argument for recognizing a constitutive dimension in normative theorizing about public administration. The second edition also includes reviews of Jeffersonian impacts on administrative theory and practice and Jacksonian developments in national administrative structures and functions, a look at the administrative theorizing that presaged progressive reforms in civil service, and insight into the confounding complexities that characterize public thinking about administration in a postmodern political order.

A critical synthesis of social theory about government, bureaucracy, and law

Provocative in nature, this work looks critically at the bureaucratic infrastructure behind the U.S. federal government, from its origins as a self-governing republic in the 18th century to its modern presence as a centralized institution. This fascinating critique analyzes the inner workings of the American government, suggesting that our federal system works not as a byproduct of the U.S. Constitution but rather as the result of liberal and progressive politics. Distinguished academic and political analyst Paul D. Moreno asserts that errant political movements have found "loopholes" in the U.S. Constitution, allowing for federal bureaucracy—a state he feels is a misinterpretation of America's founding dogma. He contends that constitutionalism and bureaucracy are innately incompatible... with the former suffering to accommodate the latter. According to Moreno, the leadership of the United States strayed from the democratic principles of the early founders and grew to what it is today—a myriad of bureaucratic red tape couched in unreasonable policies. A straightforward, chronological narrative explains how non-elected bureaucrats became powerful political mavens in America. Each chapter covers several decades and features events spanning from the early history of the United States through coverage of the Affordable Care Act (Obamacare) of 2010.

In the current United States (U.S.) context, we are facing a constitutional crisis with frequent government shutdowns and new debates surrounding immigration, climate change, budgeting practices, and the balance of power. With competing interests, unclear policy, and inconsistent leadership directives, the question becomes: How do contemporary bureaucrats make sense of this ethically turbulent environment? This collection provides a lens for viewing administrative decision-making and behavior from a constitutional basis, as contemporary bureaucrats navigate uncharted territory. Ethics for Contemporary Bureaucrats is organized around three constitutional values: freedom, property, and social equity. These themes are based on emerging trends in public administration and balanced with traditional ethical models. Each chapter provides an overview of a contemporary ethical issue, identifies key actors, institutions, legal and legislative policy, and offers normative and practical recommendations to address the challenges the issue poses. Rooted in a respected and time-tested intellectual history, this volume speaks to bureaucrats in a modern era of governance. It is ideally suited to educate students, scholars, and public servants on constitutional values and legal precedent as a basis for ethics in the public sector.

In this book, Verkuil uses his inside perspective on government to examine the increasing impact of private contractors on governance. Outsourcing of government functions is on the rise and is of concern to scholars and practitioners, and the reputation of the author will bring considerable attention to this book.