Madison’s Ratchet: Ambition Counteracting Ambition and the Aggregation of Political, Managerial, and Legal Controls Over Federal Administration

2017 ◽  
Vol 48 (6) ◽  
pp. 495-505 ◽  
Author(s):  
David H. Rosenbloom ◽  
Stephanie P. Newbold ◽  
Meghan Doughty
Keyword(s):  
Federal Government ◽  
Federal Agencies ◽  
The Other ◽  
Administrative State ◽  
James Madison ◽  
Legal Controls ◽  
Federal Administration

In Federalist 47 and 51, James Madison contended that the accumulation of legislative, executive, and judicial powers in the hands of one body or person would produce tyranny. He explained that one defense against such tyranny was to make “ambition . . . counteract ambition” by giving each of the three constitutional branches of the federal government the “means,” “motives,” and wherewithal to “resist encroachments” on their powers by another. However, after the development of the contemporary administrative state in the 1930s, rather than serving as a check against encroachments alone, the process of ambition counteracting ambition prompts each branch to develop its own set of controls over federal agencies without necessarily trenching on the powers of the other branches. “Madison’s Ratchet” is the tendency for these controls overwhelmingly to aggregate and thereby vastly complicate federal administration.

scholarly journals Regulating Off-Road: The California Desert and Collaborative Environmentalism

2019 ◽  
Vol 2 (3) ◽  
pp. 321-343
Author(s):  
Keith Makoto Woodhouse
Keyword(s):  
Interest Groups ◽  
Federal Government ◽  
New Deal ◽  
Public Interest ◽  
Federal Agencies ◽  
National Environmental Policy Act ◽  
The West ◽  
Road Racing ◽  
Federal Administration ◽  
National Environmental

Historians often understand the 1970s and 1980s in terms of a declining New Deal order, in which an antistatist right as well as a conflicted relationship between public interest movements and administrative authorities undermined the notion of an effective federal government. Nowhere was the erosion of federal administration seemingly more apparent than in the West. An examination of the regulation of off-road racing in the California desert, focusing on everyday administration rather than on elections and lawsuits, reveals how federal agencies actually worked more collaboratively and productively with different interest groups than familiar narratives about these polarized decades would suggest. Contrary to depictions of federal agencies as administrating from afar, and of environmental organizations as overly litigious and out of touch, regulatory work in the California desert happened locally and through relationships shaped by new laws such as the National Environmental Policy Act.

The (Long) Administrative Century

2016 ◽  
Author(s):  
Joanna Grisinger
Keyword(s):  
Twentieth Century ◽  
Federal Government ◽  
Regulatory Authority ◽  
The Other ◽  
Administrative State ◽  
Progressive Movement ◽  
Regulatory Governance ◽  
Executive Agencies ◽  
Separated Powers ◽  
Federal Management

This chapter discusses the emergence of regulatory governance from the Progressive movement. The Progressives laid the groundwork for an entirely new “branch” of the federal government by thinking comprehensively about how regulatory authority should be structured. These reformers created an enduring model for federal management of the marketplace: independent commissions and relatively independent executive agencies given quasi-legislative, quasi-executive, and quasi-judicial authority (that is, all the powers that the Constitution intentionally kept separate). Thus, the Progressive legacy can be traced not just to the growth of the administrative state but also to this ongoing determination to prove that agency governance can be reconciled with constitutionally separated powers. Without any firm resolution of this tension, twentieth-century governance was marked by these two systems of governance often working at cross-purposes, each compromising the integrity of the other.

scholarly journals Restoring Congress’s role in the modern administrative State

2018 ◽  
Vol 277 (2) ◽  
pp. 15
Author(s):  
Christopher J. Walker
Keyword(s):  
Separation Of Powers ◽  
Critical Role ◽  
Federal Agency ◽  
Federal Agencies ◽  
The Other ◽  
Administrative State ◽  
Regulatory State ◽  
Regulatory Activity ◽  
Historical Account ◽  
Proper Role

<p>Restaurando a função do Congresso no Estado administrativo moderno</p><p> </p><p>In Congress’s Constitution, Josh Chafetz provides a timely and compelling historical account of the powers Congress possesses to compete with the other branches of government in our separation-of-powers framework. This Review makes two main observations. Particularly in light of the rise of the regulatory state, Part I explains how the toolbox of congressional powers Chafetz assembles can play a critical role in overseeing and influencing federal agency regulatory activities. Part II then offers a word of caution concerning Congress’s use of this toolbox without also passing laws. To restore Congress’s proper role in the modern administrative state, it is not enough for members of Congress to effectively oversee regulatory lawmaking. Congress must regularly legislate — to reauthorize and modernize the statutes that govern federal agencies, to respond to regulatory activity with which Congress disagrees, and to preserve the separation of powers between legislation and regulation.</p><p> </p><p>Na obra <em>Congress’s Constitution</em>, Josh Chafetz apresenta um relato histórico oportuno e convincente dos poderes que o Congresso possui para competir com os outros ramos do governo em nosso cenário de separação de poderes. Esta revisão faz duas observações fundamentais. Particularmente à luz da ascensão do estado regulador, a parte I explica como a caixa de ferramentas dos poderes do Congresso sugerida por Chafetz pode desempenhar um papel crítico na supervisão e influência das atividades reguladoras das agências federais. A parte II oferece uma palavra de cautela sobre o uso que o Congresso faz dessa caixa de ferramentas sem aprovar leis. Para restaurar o papel apropriado do Congresso no estado administrativo moderno, não é suficiente que os membros do Congresso supervisionem efetivamente o processo legislativo regulador. O Congresso deve legislar regularmente — reautorizar e modernizar os estatutos que governam as agências federais, responder à atividade regulatória com a qual o Congresso discorda e preservar a separação de poderes entre a legislação e a regulamentação.</p>

scholarly journals Analysis of the Effectiveness of E-Government in the Federal Government of Nigeria

2018 ◽  
Vol 8 (3) ◽  
pp. 75
Author(s):  
Robert A. Dibie ◽  
Maryam O. Quadri
Keyword(s):  
Social Media ◽  
Federal Government ◽  
Negative Correlation ◽  
Secondary Data ◽  
The Other ◽  
Government Relations ◽  
Professional Journals ◽  
Governance Practices ◽  
Government Websites ◽  
The Government

This paper examines the nature, impact, effectiveness and barriers of e-government in the Federal Government of Nigeria. It also explores the extent to which e-government has facilitated a better relationship between citizens and the federal government of Nigeria. It argues that the utilization of technologies such as internet, email, websites, and social media have yet to effectively connect citizens, and the government. As a result, the federal government of Nigeria has not fully adopted the new e-government approaches to improve its services. The paper uses data derived from questionnaire survey administered to 3,000 Nigerian citizens including federal government staff in Abuja, Lagos and some state capitals in Nigeria., Interviews of 300 federal officials and stakeholders were conducted. The secondary data consisted of the review of related government reports, government websites, academic and professional journals. Data were analyzed to determine the impacts of e-governance in the federal government. The conceptual framework is based on stakeholders’ theory, and an integrated e-government model. The findings suggest that on one hand there is a negative correlation between the e-governance initiatives and federal government efficient service delivery in Nigeria. On the other hand, there is also a negative correlation between citizens and federal government relations in the country. Some challenges preventing the adoption of proactive e-governance practices were identified and recommendations for appropriate policies that could address the current impediments were offered.

From Empire to Law: Customs Collection in the American Founding

2018 ◽  
Vol 43 (02) ◽  
pp. 554-584
Author(s):  
Aaron T. Knapp
Keyword(s):  
Eighteenth Century ◽  
Historical Analysis ◽  
Administrative State ◽  
American Founding ◽  
Early American ◽  
The Federalist ◽  
Archival Source ◽  
The Us ◽  
Administrative Change ◽  
Federal Administration

This essay investigates the eighteenth-century origins of the federal administrative state through the prism of customs collection. Until recently, historians and legal scholars have not closely studied collection operations in the early federal custom houses. Gautham Rao's National Duties: Custom Houses and the Making of the American State (2016) offers the most important and thoroughly documented historical analysis to date. Joining a growing historical literature that explains the early development of the US federal political system with reference to imperial models and precedents, Rao shows that the seductive power of commerce over the state within eighteenth-century imperial praxis required the early federal customs officials to “negotiate” their authority with the mercantile community. A paradigm of accommodation dominated American customs collection well into the nineteenth century until Jacksonian centralizers finally began to dismantle it in the 1830s. The book brings welcome light to a long-neglected topic in American history. It offers a nuanced, historiographically attentive interpretation that rests on a broad archival source base. It should command the sustained attention of legal, social, economic, and constitutional historians for it holds the potential to change the way historians think about early federal administration. This essay investigates one of the central questions raised in National Duties: How were the early American custom houses able to successfully administer a comprehensive program of customs duties when their imperial predecessors had proved unable to collect even narrowly tailored ones? Focusing on the Federalist period (1789–1800), I develop an answer that complements Rao's, highlighting administrative change over continuity and finding special significance in the establishment of the first federal judicial system.

Australian industrial relations in 2018: Inequality, policy stagnation and a brewing storm

2019 ◽  
Vol 61 (3) ◽  
pp. 318-325 ◽  
Author(s):  
Stephen Clibborn
Keyword(s):  
Private Sector ◽  
Federal Government ◽  
Industrial Relations ◽  
The Other ◽  
Annual Review

This article introduces the Journal of Industrial Relations' Annual Review of Industrial Relations in 2018. Providing an overview of the other articles contained in the Annual Review issue, this article discusses industrial relations policy stagnation, and manoeuvring for change from both employer and employee representatives. With leadership uncertainty and change within the federal government, it has been a quiet year for industrial relations reform, although some key decisions from courts and tribunals are examined and some states’ return to private sector regulation noted. A number of questions are raised regarding potential for reform in 2019 and for how to conceptualise industrial relations change.

The U.S. Federal Market as an Early Adopter of SMRs

2014 ◽  
Author(s):  
William J. Barattino ◽  
Scott Foster ◽  
James Spaulding
Keyword(s):  
Federal Government ◽  
Department Of Defense ◽  
Prime Power ◽  
The United States ◽  
Federal Agencies ◽  
Military Bases ◽  
Private Ownership ◽  
Early Adopter ◽  
Energy Usage ◽  
The U.S

The Federal Government accounts for about 2% of energy usage within the United States, with electricity accounting for approximately one-fifth of this usage. The Department of Defense (DOD) is the largest energy consumer across all Federal Agencies, accounting for nearly half of total use and has implemented programs to assure sustainable energy supplies for meeting mission critical operations. As prototype systems of Small Modular Reactors mature during the remainder of this decade, there is growing interest at senior levels of government to use the secure confines of military bases for electricity generated with SMRs to service power requirements of the DOD base and possibly the surrounding communities. This paper explores the potential for using DOD as an early adopter of SMRs from perspectives of the size of the market and adaptability of the current procurement process for private ownership of SMRs on military bases. Such an approach is shown to be consistent with DOD Sustainability objectives, as well as ensuring a continuation of the projected erosion of diversity mix for prime power generation within the U.S. A review of contract types for energy services are evaluated from the perspective of including SMRs. Required modifications for SMRs to be a part of this energy mix for Federal Agencies are presented.

Federal Careers for Applied Community Psychologists

2017 ◽  
Author(s):  
Richard A. Jenkins
Keyword(s):  
Policy Implementation ◽  
Federal Government ◽  
Policy Research ◽  
Federal Agencies ◽  
Multidisciplinary Teams ◽  
Content Areas ◽  
Hands On ◽  
Career Options ◽  
Training Professional ◽  
Development And Evolution

The federal government provides community psychologists with a wide variety of career options. These include hands-on investigational research, program and policy implementation, and program administration, as well as opportunities to shape policy, research, and program practice. Community psychologists have been employed by a wide variety of federal agencies, with varied roles, responsibilities, and content areas, often in the context of multidisciplinary teams. Federal jobs provide opportunities for training, professional development, and evolution over the course of a career. The chapter includes pathways to federal jobs and considerations for successful federal careers.

scholarly journals Brazilian legislation and the school inclusion of individuals with communication disorders

Revista CEFAC ◽  
2019 ◽  
Vol 21 (3) ◽  
Author(s):  
Vanessa Boldarini de Godoy ◽  
Lia Netto Vaz Faiad ◽  
Maria Aparecida Miranda de Paula Machado ◽  
Patrícia de Abreu Pinheiro Crenitte ◽  
Dionísia Aparecida Cusin Lamônica ◽  
...  
Keyword(s):  
Intellectual Disability ◽  
Federal Government ◽  
Hearing Impairment ◽  
Communication Disorders ◽  
The Other ◽  
Special Educational Needs ◽  
Inclusion Criteria ◽  
Effective School ◽  
National Education ◽  
Brazilian Legislation

ABSTRACT Objective: to verify if the current Brazilian Legislation assures the effective school inclusion of individuals with communication disorders. Methods: the present study is an integrative review. Legislation related to the topic was searched on public databases, such as the website of the Planalto Palace (Brazilian Federal government headquarters), the website of the Culture and Education Ministry (Ministério de Educação e Cultura - MEC) the website of the National Education Council from Federal Government. Brazilian laws, ordinances and guidelines regarding special education of individuals with autism, intellectual disability, hearing impairment and dyslexia were consulted, since the descriptor "Communication Disorders" did not show any results. Results: twenty-one (21) identified norms met the inclusion criteria. Among these, thirteen (13) address disabilities in a generalized manner. The other eight (8) regulations are specific in relation to autism, intellectual disability, hearing impairment and dyslexia. Conclusion: despite the significant number of norms, the current Brazilian legislation does not allow for real school inclusion. Individuals with communication disorders do not have a specific legislation that could guide the peculiarities of each disorder, as well as their special educational needs. Thus, it was concluded that these individuals need legal support respecting their specificities, to allow their effective school inclusion.

The Status of Cities under Recent Federal Legislation

1936 ◽  
Vol 30 (6) ◽  
pp. 1107-1114
Author(s):  
J. Kerwin Williams
Keyword(s):  
United States ◽  
Federal Government ◽  
The United States ◽  
Federal Agencies ◽  
Federal Legislation ◽  
Municipal Governments ◽  
Emergency Relief ◽  
Legislative Session ◽  
The Status ◽  
Political Units

Final adjournment of the Seventy-fourth Congress, which like its immediate predecessors turned out a substantial grist of bills affecting cities, brought into focus once again the question of what is happening to our “sovereign states” and their political subdivisions. Federal contacts with cities are not, of course, an entirely new phenomenon in the United States. For a number of years prior to the depression, certain federal agencies had maintained informal contacts with municipal governments by offering them services, information, and advice, and such services are still being utilized. Until July, 1932, however, with the passage of the Emergency Relief and Construction Act, congressional statutes had never touched municipal governmental functions except indirectly through grants-in-aid to the states, the federal government had never entered into important contractual relations with cities, and Congress had never sat in legislative session to deal with the problems of cities as political units.

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