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The Devil, the Details, and the Dawn of the 21st-Century Administrative State: Beyond the New Deal

Part of the Antiquities Act project

Author(s): Sandi Zellmer

Year: 2000

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Summary

More than half a century has passed since the New Deal, the era known for ushering in the modern administrative state, where broad-sweeping regulatory powers were delegated to over a dozen new executive agencies pursuant to a raft of social legislation. Until the later years of the New Deal, courts were highly suspicious of socially progressive legislation, and, for that matter, any legislation that upset common law systems supporting private property rights and freedom of contract. Regulatory enactments were especially vulnerable to invalidation for delegating policy-making authority to an executive agency or other non-legislative entity. Such delegations were considered a constitutional offense under the nondelegation principle of separation of powers.


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The Devil, the Details, and the Dawn of the 21st-Century Administrative State: Beyond the New Deal. Sandi Zellmer. Arizona State Law Journal. 32: 941-1049. 2000 ( tDAR id: 375627) ; doi:10.6067/XCV8BV7FS9


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  Name Size Creation Date Date Uploaded Access
2000-asu-journal-of-law-public-lands-withdrawal-authority.pdf 5.51mb May 4, 2012 12:01:52 PM Public
Arizona State University The Andrew W. Mellon Foundation National Science Foundation National Endowment for the Humanities Society for American Archaeology Archaeological Institute of America