Preface
1. Introduction
FoundingsThe Anti-Federalists
Part I: Founding the Republic, 1787/88
2. Separation of PowersThe Constitutional Text
The Framers on Separation of Powers
3. The Senate as Executive Establishment
Executive Establishment
Attributes of the Senate
4. Representation as a Constitutional Defect
The Number of Representatives
The Character of Representatives
Part 2: Founding the Administrative State in Word, 1887-1900
5. Woodrow Wilson as ConstitutionalistWilson and Constitutional Change
Constitutions and Administration
Wilson as Conservative Democrat
Wilson and the Framers
6. Frank J. Goodnow and the Framers
The Constitutional Theory of the Framers
Frank J. Goodnow
A Reflection
7. Thomas M. Cooley and the Interstate Commerce Commission
The Constitutional Background
The Interstate Commerce Act
Thomas M. Cooley
Part 3: Founding the Administrative State in Deed: The New Deal
8. National SupremacyThe Commerce Clause
The General Welfare Clause
The Necessary and Proper Clause
9. Executive Supremacy: The Brownlow Report
The Managerial Presidency
The President and Congress
Fundamental Principles
Government Personnel
The Rhetoric of Brownlow
10. Individual Rights: The Attorney General’s Report
Individual Rights and Adjudication
Uniformity in Administrative Procedure
Scope of Review
Rule Making
11. Conclusion
Analyzing and Argument
A Constitutional Theory of Public Administration
The Oath of Office
Appendix A. The Constitution of the United States
Appendix B. President Franklin D. Roosevelt’s Message to Congress in Support of the Brownlow Report, 12 January 1937
Notes
Index