Law and Society #6

Administrative Law

and it is conceptualized as regulation in the public interest of society.

Limited Government

was built into the U.S. Constitution through such provisions as a Bill of Rights, separation of powers, and a federalism which limits government to the protection of life, liberty, and property.

Growth of administration

redounds to the glory of the executive, for it is the executive at any level of government (federal, state, county, or municipal) who names persons to regulatory boards and agencies and designates them as agents to carry out the work assigned to them.

Administrative absolutism

to the extent that the rule of law (i.e., common law) was systematically losing ground to “rule by government determination”

Administrative State

political authority would be centralized and placed into the hands of a headless fourth branch of government

Nondelegation

each branch performs its own specialized functions and cannot delegate this work to other entities or other branches of government

Declarations v. Treaties

does not rise to the level of a formal treaty, the latter of which is of course within the constitutional authority of the president to oversee as part of his delegated executive duties.

Rulemaking v. Legislation

that helps maintain administrative law as a going concern even in the absence of explicit constitutional recognition for its existence and activities.

Adjudication

addressing conflict within appropriate spheres of oversight

Federal Bureau of Labor Statistics

This would become the premier commission or advisory board for collecting data on a range of social problems in work and everyday living with an eye toward ameliorating those social ills that came to the attention of the board