Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-vvkck Total loading time: 0 Render date: 2024-04-29T17:37:12.939Z Has data issue: false hasContentIssue false

1 - Law and the State, 1920–2000: Institutional Growth and Structural Change

Published online by Cambridge University Press:  28 November 2008

Michael Grossberg
Affiliation:
Indiana University
Christopher Tomlins
Affiliation:
American Bar Foundation, Chicago
Get access

Summary

Belief that the United States occupies an exceptional place in world history has been a persistent element of the American creed. The founding of the nation was a new birth of freedom, Americans have been taught; it delivered them from the class conflict and ideological strife that have plagued the rest of the modern world. Not infrequently, seekers of the ultimate source of the United States’ exceptionalism have settled on the peculiarly fragmented nature of its government. The nation was born in a revolt against the modern state. In Europe, standing armies, centralized taxation, juryless courts, and national bureaucracies loyal to a distant sovereign were the hallmarks of the proudest monarchies. To Revolutionary America, they were evidence of tyrannous intent, “submitted to a candid world.” To prevent such abominations from reappearing in the new nation, Americans shattered sovereignty into legislative, executive, and judicial fragments and embedded them in their states’ written constitutions. The Federal Constitution of 1787 went further, for it also divided sovereignty between the national government and the states. The result, as John Quincy Adams observed, was “the most complicated government on the face of the globe.”

The new nation had plenty of law and plenty of local governments ready, willing, and able to promote private economic endeavor with grants of public land and public money. What the United States lacked, however, was centralized administration, a counterpart to the royal bureaucracies of Europe capable of consistently implementing national policies. The central government had to entrust the enforcement of an order to “agents over whom it frequently has no control, and whom it cannot perpetually direct,” explained Alexis de Tocqueville.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Adams, John Quincy, The Jubilee of the Constitution (New York, 1839)Google Scholar
de Tocqueville, Alexis, Democracy in America, trans. Reeve, Henry (London, 1862)Google Scholar
Hurst, James Willard, Law and the Conditions of Freedom in the Nineteenth-Century United States (Madison, WI, 1967)Google Scholar
Landis, James M., The Administrative Process (New Haven, 1938)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×