Constitutional coup : privatization's threat to the American republic / Jon D. Michaels.
2017
HD3850 .M53 2017 (Map It)
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Author
Title
Constitutional coup : privatization's threat to the American republic / Jon D. Michaels.
Published
Cambridge, Massachusetts : Harvard University Press, 2017.
Call Number
HD3850 .M53 2017
ISBN
9780674737730 (hardcover)
0674737733 (hardcover)
0674737733 (hardcover)
Description
viii, 312 pages ; 25 cm
System Control No.
(OCoLC)981995731
Summary
Americans have a love-hate relationship with government. Rejecting bureaucracy--but not the goods and services the welfare state provides--Americans have demanded that government be made to run like a business. Hence today's privatization revolution. But as Jon D. Michaels shows, separating the state from its public servants, practices, and institutions does violence to our Constitution, and threatens the health and stability of the Republic. Constitutional Coup puts forward a legal theory that explains the modern welfare state as a worthy successor to the framers' three-branch government. What legitimates the welfare state is its recommitment to a rivalrous system of separation of powers, in which political agency heads, career civil servants, and the public writ large reprise and restage the same battles long fought among Congress, the president, and the courts. Privatization now proclaims itself as another worthy successor, this time to an administrative state that Americans have grown weary of. Yet it is a constitutional usurper. Privatization dismantles those commitments to separating and checking state power by sidelining rivalrous civil servants and public participants. Constitutional Coup cements the constitutionality of the administrative state, recognizing civil servants and public participants as necessary--rather than disposable--components. Casting privatization as an existential constitutional threat, it underscores how the fusion of politics and profits commercializes government--and consolidates state power in ways both the framers and administrative lawyers endeavored to disaggregate. It urges--and sketches the outlines of--a twenty-first-century bureaucratic renaissance.-- Provided by publisher
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Introduction
1
pt. I
Pax Administrativa's Rise: Modern Public Administration and the Administrative Separation of Powers
21
1.
Historic Privatization and the Premodern Administrative State
23
2.
Rise and Reign of Pax Administrativa
39
3.
Constitutional and Normative Underpinnings of the Twentieth-Century Administrative State
51
pt. II
Privatization Revolution: Privatization, Businesslike Government, and the Collapsing of the Administrative Separation of Powers
79
4.
Beginning of the End: Disenchantment with Pax Administrativa and the Pivot to Privatization
82
5.
Mainstreaming of Privatization: An Agenda for All Seasons and All Responsibilities
99
6.
Privatization as a Constitutional---and Constitutionally Fraught---Project
119
pt. III
Establishing a Second Pax Administrativa
143
7.
Separations of Powers in the Twenty-First Century
145
8.
Recalibrating the Relationship between and among the Constitutional and Administrative Rivals
167
9.
Judicial Custodialism
179
10.
Legislative Custodialism
202
Epilogue
231
Notes
235
Acknowledgments
299
Index
301