Tocqueville S Nightmare

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.

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.--Amazon.com.

Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

Glance at a political party’s platform, catch a politician’s speech, sample the news, and you will find the family—not as a mere group of people living together in the private sphere, but as a contentious entity at the center of political disputes and policy debates over everything from marriage equality and gender identity to immigration and welfare reform. The key role of the family in politics and public policy, so often relegated to the outer margins of political science and theory, comes in for long overdue consideration in this volume. Bringing together political scientists and legal scholars of wide-ranging interests and perspectives, Stating the Family explores the role of the family in American political development: as a focus of political struggle, a place where policy happens, a means of distributing governmental goods, and a way of relating individuals to the state and to each other in legal terms. While the authors gathered here examine important policy questions that relate to the family—including immigration, welfare, citizenship, partisanship, and ideology—they pay particular attention to changes in family structures and responsibilities in light of the rise of neoliberalism. Illustrated with case studies—some contemporary, some historical—their essays provide individual takes on different links between family and politics, creating a nuanced conversation on this complex topic. The result is a multifaceted view of the family’s place in the development of American political institutions and a unique understanding of the work that family does to structure politics—and that politics does to structure families.

This book presents Tocqueville’s vision of the European continent, exploring his ideas of liberty, virtue, religion, patriotism, civic participation and democracy. Although Tocqueville is often revered as a classic writer on the subject of American democracy, this book focuses on the multifaceted importance of his ideas within a European context.

The January 2016 issue, Number 3, features these contents: • Article, "Presidential Intelligence," by Samuel J. Rascoff • Book Review, "The Struggle for Administrative Legitimacy," by Jeremy K. Kessler (on Daniel Ernst's book about the administrative state) • Note, "Existence-Value Standing" • Note, "Rethinking Closely Regulated Industries" In addition, student commentary analyzes Recent Cases on compelled disclosures in commercial speech; due process notice of procedures to challenge a local ordinance; standing after liquidation actions taken under Dodd-Frank; exaction and takings by acquiring equity shares in AIG; religious liberty after Hobby Lobby; bias-intimidation laws and mens rea; and whether document production is the 'practice of law' under labor law. The issue includes analysis of a Recent Court Filing by the DOJ supporting a meaningful juvenile right to counsel. Finally, the issue includes comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the third issue of academic year 2015-2016.

In 1831, Alexis De Tocqueville, a twenty-six-year-old French aristocrat, spent nine months travelling across the United States. From the East Coast to the frontier, from the Canadian border to New Orleans, Tocqueville observed the American people and the revolutionary country they'd created. His celebrated Democracy in America, the most quoted work on America ever written, presented the new Americans with a degree of understanding no one had accomplished before or has since. Astonished at the pace of daily life and stimulated by people at all levels of society, Tocqueville recognized that Americans were driven by a series of internal conflicts: simultaneously religious and materialistic; individualistic and yet deeply involved in community affairs; isolationist and interventionist; pragmatic and ideological. Noted author Michael Ledeen takes a fresh look at Tocqueville's insights into our national psyche and asks whether Americans' national character, which Tocqueville believed to be wholly admirable, has fallen into moral decay and religious indifference. Michael Ledeen's sparkling new exploration has some surprising answers and provides a lively new look at a time when character is at the center of our national debate.