Samuel DeCanio
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300198782
- eISBN:
- 9780300216318
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300198782.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the historical transformation of the modern regulatory state and suggests that the expansion of bureaucratic authority is an institutional innovation rather than a result of ...
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This chapter discusses the historical transformation of the modern regulatory state and suggests that the expansion of bureaucratic authority is an institutional innovation rather than a result of changes in the American economy. It examines three novel characteristics that distinguish the postbellum state from prior forms of American government. First, the level of government was altered, and new forms of authority were placed in the hands of federal officials. Second, there was a shift in power from legislatures and courts to executive bureaucrats and independent commissions. Third, the federal state pursued regulatory objectives that increasingly focused on the market price system. The chapter considers this institutional shift within the context of party ideologies before the Civil War, with particular emphasis on the political parties' positions on issues ranging from federal power to the role of respective branches of government, along with the types of government action they endorsed.Less
This chapter discusses the historical transformation of the modern regulatory state and suggests that the expansion of bureaucratic authority is an institutional innovation rather than a result of changes in the American economy. It examines three novel characteristics that distinguish the postbellum state from prior forms of American government. First, the level of government was altered, and new forms of authority were placed in the hands of federal officials. Second, there was a shift in power from legislatures and courts to executive bureaucrats and independent commissions. Third, the federal state pursued regulatory objectives that increasingly focused on the market price system. The chapter considers this institutional shift within the context of party ideologies before the Civil War, with particular emphasis on the political parties' positions on issues ranging from federal power to the role of respective branches of government, along with the types of government action they endorsed.