The Politics of Administrative Law

Paper Summary:

This paper compares the different perspectives of three historians and political philosophers, James Weinstein, James Q. Wilson, and Ronen Shamir, regarding American federal and state administrative regulation and how it has evolved over time.

From the Paper:

"The historians and political philosophers James Weinstein, James Q. Wilson, and Ronen Shamir, would no doubt all agree that a seismic shift occurred during the turn of the century in America, in terms of the way individual rights were conceptualized, and continued to become prioritized over the course of the century from a legal and political perspective. During this period of time, America shifted from an America without a federal income tax, an America where the Bill of Rights was only strictly applicable to federal rather than state legislation, to a nation with a complex civil rights system of litigation and a bureaucratic tax and federal civil service structure. Over the course of the century and afterwards, legislation was passed to make American industry more humane, and to change the integration of women and blue-collar workers into the American nation. The 20th century saw changes as women began to vote, and worker's rights became protected in the capitalist system, and African-American rights were guaranteed legally and legislatively. The political and economic, as well as legal reasons behind this shift, however, remain controversial."

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