Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Life Of Administrative Democracy, Joshua Ulan Galperin
The Life Of Administrative Democracy, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Imagine if Congress, the President, and the industries they hoped to regulate all decided that neither politically isolated bureaucrats nor a popularly sanctioned President should wield the power to administer Congress’ laws, to make legislative-type policy, to enforce that policy, and to adjudicate disputes under it. Imagine if there were another experiment, one that has persisted, but few have noticed.
Imagine no longer. Overlooked by most, there is a model for federal administration that does not rely on isolated administrators or Presidential control, but instead on elected bureaucrats. Today, the United States Department of Agriculture houses over 7,500 elected farmer-bureaucrats …
A Two-Tiered Theory Of Consolidation And Separation Of Powers, David S. Yassky
A Two-Tiered Theory Of Consolidation And Separation Of Powers, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
This Note explores the jurisprudential implications of the New Deal watershed and elaborates a post-New Deal theory of allocation of governmental power. Part I begins with a discussion of the Federalist theory of separation of powers. For the Federalists, two conditions ensured an effective separation. First, governmental branches must be institutionally independent; each must be free from control by the others. Second, the branches must be functionally specialized; each must wield a distinct component of governmental power, so that the assent of all three is required for government action.
Until the New Deal, the Supreme Court incorporated this theory into …