The Unwieldy American State examines controversies over federal administrative law in the 1940s and 1950s. The seemingly arcane procedures used by federal administrative agencies to make rules, draft policies, and issue orders were a major political issue in the years following World War II, as politicians and lawyers tried to shape rules according to their own political preferences. Reforms changed both administrative operations and the public discussion surrounding them and made the administrative state more difficult to attack.
The Unwieldy American State offers a political and legal history of the administrative state from the 1940s through the early 1960s. After Progressive Era reforms and New Deal policies shifted a substantial amount of power to administrators, the federal government's new size and shape made one question that much more important: how should agencies and commissions exercise their enormous authority? In examining procedural reforms of the administrative process in light of postwar political developments, Grisinger shows how administrative law was shaped outside the courts. Using the language of administrative law, parties debated substantive questions about administrative discretion, effective governance and national policy, and designed reforms accordingly. In doing so, they legitimated the administrative process as a valid form of government.
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