Legitimacy and the Problem of the Administrative State

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Authors: D. S. Thomas
Cited by: 0
References: 9

Abstract

Abstract While a postwar consensus largely upheld the legitimacy of the administrative state, the past two decades have witnessed a surge of critiques not seen since the 1930s. This review essay traces the evolution of these attacks from libertarian legal scholars decrying the administrative government’s alleged constitutional violations to lesser-known populist conservative figures like John Marini and Ned Ryun who frame the same developments as a subversive plot against the executive branch. Contrasted with them are defenders of the regulatory state like William Novak, who argue both for the historical precedent of state intervention as well as for its democratic legitimacy. The essay closes with a review of liberal concerns about the administrative state—exemplified by Alan Brinkley’s critique of the New Deal—and considers how defenders and critics might be speaking past one another. The debate reveals deeper fractures in American political thought and potentially new avenues for research into the politics of the administrative state in the latter half of the twentieth century.

Fields of Study & Subjects

Law Rights and Freedoms Judicial and Constitutional Studies Ombudsman and Human Rights

Publication details

Journal / source
Law & Social Inquiry
Volume
51
Issue
1
Pages
265–285
Publication date
6 January 2026
Language
EN