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The Compromise of 1877 and Railroad Regulation

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Compromise of 1877 between Republicans and Southern Democrats involving railroad subsidies that would extend Thomas Scott's Texas and Pacific Railroad into their districts ... More


Charles Francis Adams Jr. and Bureaucracy

Samuel DeCanio

in Democracy and the Origins of the American Regulatory State

Published in print:
2015
Published Online:
May 2016
ISBN:
9780300198782
eISBN:
9780300216318
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198782.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines why a commission such as the Interstate Commerce Commission (ICC) was created to regulate the railroads by focusing on the views of railroad expert Charles Francis Adams Jr. It ... More


Madison's Nightmare: How Executive Power Threatens American Democracy

Peter M. Shane

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226749396
eISBN:
9780226749426
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226749426.001.0001
Subject:
Law, Constitutional and Administrative Law

The George W. Bush administration's ambitious claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush's ... More


Budgetary Duties

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the basic principles of the spending power; confidential and covert spending; the President's duty to submit a national budget; presidential refusal to spend appropriated funds ... More


Ronald Reagan

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0047
Subject:
Law, Constitutional and Administrative Law

This chapter describes the administration of Ronald Reagan as a major turning point in the balance of power between the president and Congress over the administration of the law. Reagan ushered in an ... More


George H. W. Bush

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0048
Subject:
Law, Constitutional and Administrative Law

This chapter describes George Herbert Walker Bush as a vigorous, hands-on leader who staunchly defended the unitariness of the executive branch. His attention to detail was appreciated by the public ... More


Changing the Guard

Tinsley E. Yarbrough

in Harry A. Blackmun: The Outsider Justice

Published in print:
2008
Published Online:
March 2012
ISBN:
9780195141238
eISBN:
9780199851577
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141238.003.0009
Subject:
Law, Legal History

Initially, Justice Blackmun considered William Rehnquist's appointment in serving the Supreme Court through its center seat a huge improvement compared with that of his predecessor, at least for the ... More


The Preratification Origins of the Unitary Executive Debate and the Decision of 1789

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter aims to briefly summarize the historical events between American independence in 1776 and the Constitutional Convention in 1787 that gave rise to Article II in order to understand the ... More


First a Dream: Reagan

Harold H. Bruff

in Untrodden Ground: How Presidents Interpret the Constitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780226211107
eISBN:
9780226211244
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226211244.003.0012
Subject:
Law, Constitutional and Administrative Law

Ronald Reagan realigned American politics in pursuit of his romantic vision of traditional American values. By increasing defense spending while cutting taxes, he incurred soaring deficits that ... More


The Presidential Self-Pardon Controversy

Brian C. Kalt

in Constitutional Cliffhangers

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300123517
eISBN:
9780300178012
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300123517.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines dueling legal arguments that the courts would confront in a self-pardon case, and some practical considerations that would arise. It does not conclude with any suggestions for ... More


History Lessons

Sidney A. Shapiro and Joseph P. Tomain

in Achieving Democracy: The Future of Progressive Regulation

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199965540
eISBN:
9780199360833
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965540.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains the history of regulation in the United States. Since its founding, the United States has had alternating periods in which government was perceived as an essential partner in ... More


Richard Epstein and the Incredible Shrinking Government

in Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226238081
eISBN:
9780226238104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226238104.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Reagan platform which was constitutionally mandated as studied by Richard Epstein, a brilliant libertarian scholar at the University of Chicago Law School. He argued that ... More


The President's Personal Bureaucracy: Administrative Accountability and the Unitary Executive

in Madison's Nightmare: How Executive Power Threatens American Democracy

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226749396
eISBN:
9780226749426
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226749426.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter investigates how Presidents Ronald Reagan through Bush 43 have sought to extend the control and how, if they and their successors prevail in this campaign, presidentialism is likely to ... More


An Unexpected Antagonist: Courts, Deregulation, and Conservative Judicial Ideology, 1980–94

Reuel Schiller

in Making Legal History: Essays in Honor of William E. Nelson

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814725269
eISBN:
9780814708286
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814725269.003.0011
Subject:
Law, Legal History

This chapter argues that the Reagan administration's policy of “executive deregulation” largely failed because the federal courts rejected the administration's attempts to do this—even during ... More


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