15. Wilson, “The Study of Administration,” p. 215.
16. Ibid., p. 214.
17. Quoted in Charles Murray, By the People: Rebuilding Liberty Without Permission (New York: Crown Forum, 2015), p. 73.
18. Hamburger, Is Administrative Law Unlawful?, p. 371.
19. Woodrow Wilson, Constitutional Government in the United States (New York: Columbia University Press, 1908), p. 16.
20. Woodrow Wilson, “What Is Progress? From The New Freedom, Chapter 2,” in American Progressivism: A Reader, Ronald J. Pestritto and William J. Atto, eds. (Lanham, MD: Lexington Books, 2008), p. 50.
21. Ibid., p. 51.
22. John Dewey, Liberalism and Social Action (Amherst, NY: Prometheus Books, 2000), p. 40.
23. Ibid., p. 27.
24. Ibid., p. 42.
25. Thomas G. West, “Progressivism and the Transformation of American Government,” in The Progressive Revolution in Politics and Political Science, John Marini and Ken Masugi, eds. (Lanham, MD: Rowman & Littlefield, 2005), p. 16.
26. F. J. Goodnow, “The American Conception of Liberty,” in American Progressivism: A Reader, p. 57.
27. Ibid., p. 62.
28. Ronald J. Pestritto, “The Birth of the Administrative State: Where It Came From and What It Means for Limited Government,” Heritage Foundation, November 20, 2007. http://www.heritage.org/research/reports/2007/11/the-birth-of-the-administrative-state-where-it-came-from-and-what-it-means-for-limited-government
29. Thomas Jefferson, “From Thomas Jefferson to Edward Carrington, 27 May 1788,” Founders Online, National Archives. https://founders.archives.gov/documents/Jefferson/01-13-02-0120
30. Woodrow Wilson, Woodrow Wilson: The Essential Political Writings, Ronald J. Pestritto, ed. (Lanham, MD: Lexington Books, 2005), p. 23.
31. Walter Lippmann, The Essential Lippmann: A Political Philosophy for Liberal Democracy, Clinton Rossiter and James Lare, eds. (Cambridge, MA: Harvard University Press, 1982), p. 88.
32. Ibid., p. 85.
33. James Madison, “Federalist No. 10: The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection (continued),” Constitution Society. http://www.constitution.org/fed/federa10.htm
34. Pestritto, “The Birth of the Administrative State.”
35. Richard Milner, “Tracing the Canals of Mars: An Astronomer’s Obsession,” Space.com, October 6, 2011. https://www.space.com/13197-mars-canals-water-history-lowell.html
36. This list comes from Thomas Leonard’s indispensable book Illiberal Reformers, pp. x-xi.
37. Quoted in McGerr, A Fierce Discontent, p. 282.
38. William Leuchtenberg, The FDR Years: On Roosevelt and His Legacy (New York: Columbia University Press, 1995), p. 39.
39. G. J. Meyer, The World Remade: America in World War I (New York: Bantam Books, 2016), p. 550.
40. See Goldberg, Liberal Fascism, p. 109.
41. Ibid., p. 117.
42. Ibid., p. 115.
43. Robert Higgs, “How War Amplified Federal Power in the Twentieth Century,” Independent Institute, July 1, 1999. http://www.independent.org/publications/article.asp?id=113
9: THE ADMINISTRATIVE STATE
1. Ryan Teague Beckwith, “Read Steve Bannon and Reince Priebus’ Joint Interview at CPAC,” Time, February 23, 2017. http://time.com/4681094/reince-priebus-steve-bannon-cpac-interview-transcript/
2. An influential group of conservative writers and scholars—mostly associated with the Claremont Institute in California and Hillsdale College in Michigan—embraced Donald Trump early on in large part because they believed the real estate developer and reality show impresario might be like a bull in the china shop that is the administrative state. Despite my deep respect for—and friendships with—many of these scholars, I thought this was a profound error. Many arguments, most collegial, some not, ensued. But one thing conservative opponents and supporters of Trump agree on is the danger posed by the administrative state.
3. Quoted in Matthew Continetti, “The Managers vs. the Managed,” Weekly Standard, September 21, 2015. http://www.weeklystandard.com/the-managers-vs.-the-managed/article/1028522
4. Philip Klein, “The Empress of ObamaCare,” American Spectator, June 4, 2010. https://spectator.org/39516_empress-obamacare/
5. Ibid.
6. Christopher C. DeMuth, “Unlimited Government,” American, January 1, 2006. http://www.aei.org/publication/unlimited-government/print/
7. Rudy Takala, “FCC Commissioner: Expect a Broadband Internet Tax,” Washington Examiner, March 2, 2016. http://www.washingtonexaminer.com/fcc-commissioner-expect-a-broadband-internet-tax/article/2584747
8. See, for example, Katie McAuliffe, “Fraud Still Plagues the FCC’s Universal Service Fund,” The Hill, February 14, 2017. http://thehill.com/blogs/pundits-blog/technology/319446-fraud-still-plagues-the-fccs-universal-service-fund
9. DeMuth, “Unlimited Government.”
10. “Public Company Accounting Oversight Board 2017 Budget by Cost Category, 2015-2017,” Public Company Accounting Oversight Board. https://pcaobus.org/About/Administration/Documents/Fiscal%20Year%20Budgets/2017.pdf
11. Charles Murray, By the People: Rebuilding Liberty Without Permission (New York: Crown Forum, 2015), pp. 68-69.
12. Philip Hamburger, Is Administrative Law Unlawful? (Chicago: University of Chicago Press, 2014), p. 7.
13. Ibid., p. 6.
14. Ibid.
15. James Madison, “Federalist No. 47: The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts,” Constitution Society. http://www.constitution.org/fed/federa47.htm
16. See p. 27 of Justice Thomas’s concurring opinion in Department of Transportation, et al., Petitioners vs. Association of American Railroads. https://www.supremecourt.gov/opinions/14pdf/13-1080_f29g.pdf
17. Hamburger, Is Administrative Law Unlawful?, pp. 5-6.
18. Emily Zanotti, “EPA Causes a Major Environmental Disaster, the Question Is: Will It Fine Itself and Fire Those Involved?,” Watts Up with That?, August 10, 2015. https://wattsupwiththat.com/2015/08/10/epa-causes-a-major-environmental-disaster-the-question-is-will-it-fine-itself-and-fire-those-involved/
19. Hamburger, Is Administrative Law Unlawful?, p. 363.
20. Murray, By the People: Rebuilding Liberty Without Permission, p. 5
21. Ibid., p. 6.
22. Hamburger, Is Administrative Law Unlawful?, pp. 370-71.
23. It’s worth recalling that, under Wilson, civil service reform in Washington meant, as much as anything, purging blacks from government. Wilson re-segregated Washington, D.C., and pioneered the practice of requiring photos with job applications, the better to ensure that no “inferior” races made it through. See Nancy J. Weiss, “The Negro and the New Freedom: Fighting Wilsonian Segregation,” Political Science Quarterly 84, no. 1 (March 1969), pp. 61-79.
24. Quil Lawrence, “U.S. Office of Special Counsel Calls Out VA Firing of Whistleblowers,” NPR, September 17, 2015. http://www.npr.org/2015/09/17/441222434/u-s-office-of-special-counsel-calls-out-va-firing-of-whistleblowers
25. John Locke, “Chap. VI: Of Paternal Power,” sec. 138, “The Second Treatise of Government: An Essay Concerning the True Original, Extent, and End of Civil Government,” Two Treatises of Government, Peter Laslett, ed. (Cambridge, U.K.: Cambridge University Press. 1988 [1960]), p. 301.
26. F. A. Hayek, The Road to Serfdom (New York: George Rutledge, 1944), p. 108.
27. Dennis Cauchon, “Some Federal Workers More Likely to Die Than Lose Jobs,” USA Today, July 19, 2011. http://usatoday30.usatoday.com/news/washington/2011-07-18-fderal-job-security_n.h
tm
28. “National Treasury Employees Union: Party Split by Cycle,” OpenSecrets.org (Center for Responsive Politics). https://www.opensecrets.org/pacs/lookup2.php?strID=C00107128
29. “American Federation of Government Employees: Total Contributions by Party of Recipient,” OpenSecrets.org (Center for Responsive Politics). https://www.opensecrets.org/orgs/totals.php?id=D000000304&cycle=2016
30. Quoted in Hamburger, Is Administrative Law Unlawful?, p. 368.
31. Mancur Olson demonstrated this in his 1965 work The Logic of Collective Action. Almost twenty years later Jonathan Rauch fleshed out the thesis in his Demosclerosis: The Silent Killer of American Government (New York: Three Rivers, 1995). In 2015 the problems diagnosed by Olson and Rauch had gotten so bad that Charles Murray published his By the People, which called for dismantling the administrative state through massive civil disobedience and grinding courtroom lawfare.
32. Even in the last twenty years, the growth is somewhat staggering. The total amount of money spent on lobbying more than doubled between 1998 and 2016, from $1.45 billion to $3.15 billion. See “Lobbying Database,” OpenSecrets.org (Center for Responsive Politics). https://www.opensecrets.org/lobby/
33. Rauch continues: “If you see others rushing to lobby for favorable laws and regulations, you rush to do the same so as not to be left at a disadvantage. But the government can do only so much. Its resource base and management ability are limited, and its adaptability erodes with each additional benefit that interest groups lock in. In fact, the more different things it tries to do at once, the less effective it tends to become. Thus if everybody descends on Washington hunting some favorable public policy, government becomes rigid, overburdened, and incoherent. Soon its problem-solving capacity is despoiled. Everybody loses.” Jonathan Rauch, Government’s End: Why Washington Stopped Working (New York: PublicAffairs, 1994), p. 270.
34. R. H. Coase, “The Federal Communications Commission,” Journal of Law and Economics 2 (October 1959), p. 36.
35. James Q. Wilson, Bureaucracy: What Government Agencies Do and Why They Do It (New York: Basic Books, 1989), p. 76.
36. Milton Friedman, Capitalism and Freedom (Fortieth Anniversary Edition) (Chicago: University of Chicago Press, 2002 [1962]), p. 138.
37. James Davis, Medieval Market Morality: Life, Law and Ethics in the English Marketplace, 1200-1500 (Cambridge, U.K.: Cambridge University Press, 2012), p. 298.
38. Deirdre N. McCloskey, Bourgeois Equality: How Ideas, Not Capital or Institutions, Enriched the World (Chicago: University of Chicago Press, 2016), p. 462. I tried to answer this rhetorical question. The answer is that there were 1,976 pharmacies in Holland in 2011, according to the World Health Organization. (See page 8 of: http://www.who.int/medicines/areas/coordination/netherlands_pharmaceutical_profile.pdf.) In the United States there were 64,356 in 2011 (http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0183172). Adjusting for population (circa 2011: http://databank.worldbank.org/data/reports.aspx?source=2&series=SP.POP.TOTL&country), there are roughly twice as many pharmacies per person in the U.S. as there are in Holland.
39. He continues: “These men and women, most of whom are only part-time officials, may have a direct economic interest in many of the decisions they make concerning admission requirements and the definition of standards to be observed by licensees. More importantly, they are as a rule directly representative of organized groups within the occupations. Ordinarily they are nominated by these groups as a step toward a gubernatorial or other appointment that is frequently a mere formality. Often the formality is dispensed with entirely, appointment being made directly by the occupational association—as happens, for example, with the embalmers in North Carolina, the dentists in Alabama, the psychologists in Virginia, the physicians in Maryland, and the attorneys in Washington.” Walter Gellhorn, “The Right to Make a Living,” Individual Freedom and Governmental Restraints (Baton Rouge: Louisiana State University Press, 1956), p. 106. Quoted in Milton Friedman, Capitalism and Freedom, p. 140.
40. Morris P. Kleiner and Alan B. Krueger, “The Prevalence and Effects of Occupational Licensing,” NBER Working Paper No. 14308, September 2008, pp. 2-3. http://www.nber.org/papers/w14308
41. Jeffrey Zients and Betsey Stevenson, “Trends in Occupational Licensing and Best Practices for Smart Labor Market Regulation,” The White House: President Barack Obama, July 28, 2015. https://obamawhitehouse.archives.gov/blog/2015/07/28/trends-occupational-licensing-and-best-practices-smart-labor-market-regulation
42. “Braiding: IJ Untangles Regulations for Natural Hair Braiders,” Institute for Justice. http://ij.org/issues/economic-liberty/braiding/
43. For starters, see “Economic Liberty: The Institute for Justice Files Lawsuits Nationwide to Defend Honest Enterprise,” Institute for Justice. http://ij.org/issues/economic-liberty/
44. See “Certification, Licensing, and Charters,” Tennessee Department of Agriculture. https://www.tn.gov/agriculture/article/ag-businesses-certification
45. George Gilder, Wealth and Poverty: A New Edition for the Twenty-First Century (Washington, D.C.: Regnery, 2012), p. 326.
46. Nick Sabilla, “Are Taxi Medallions Too Big to Fail?,” Fox News, August 16, 2016. http://www.foxnews.com/opinion/2016/08/16/are-taxi-medallions-too-big-to-fail-too.html
47. Peter Jamison, “Outrage After Big Labor Crafts Law Paying Their Members Less Than Non-Union Workers,” Los Angeles Times, April 9, 2016. http://www.latimes.com/local/cityhall/la-me-union-minimum-wage-20160410-story.html
48. Benjamin T. Smith, “Teachers, Education Reform, and Mexico’s Left,” Dissent, October 7, 2013. https://www.dissentmagazine.org/online_articles/teachers-education-reform-and-mexicos-left
49. Marion Lloyd, “Striking Mexico Teachers See Jobs as Things to Sell,” Houston Chronicle, October 13, 2008. http://www.chron.com/life/mom-houston/article/Striking-Mexico-teachers-see-jobs-as-things-to-1642091.php
50. Information available at “Historical Data Sets and Trends Data,” Doing Business: Measuring Business Regulations, World Bank, http://www.doingbusiness.org/Custom-Query. The World Bank has a vast set of data on the ease of doing business; the easiest way to find the figures I used is to create your own data set, though, unfortunately, this process does not generate a unique URL. At any rate, I created my data set using the link above by restricting my topics to “Enforcing Contracts,” “Dealing with Construction Permits,” and “Registering Property,” restricting my years to “Doing Business” editions 2007, 2009, 2016, and 2017, and restricting the countries I wanted data for to Greece and the United States.
51. J. D. Harris, “The Decline of American Entrepreneurship—in Five Charts,” Washington Post, February 12, 2015. https://www.washingtonpost.com/news/on-small-business/wp/2015/02/12/the-decline-of-american-entrepreneurship-in-five-charts/?utm_term=.1392d11fe67c
52. Daniel Bell, The Coming of Post-Industrial Society: A Venture in Social Forecasting (New York: Basic Books, 1976), p. 361.
53. Quoted in Matt Continetti, “The Managers vs. the Managed,” Weekly Standard, September 21, 2015. http://www.weeklystandard.com/the-managers-vs.-the-managed/article/1028522
54. See Natalie Goodnow, “ ‘The Bell Curve’ 20 years later: A Q&A with Charles Murray,” AEIdeas (American Enterprise Institute), October 16, 2014. http://www.aei.org/publication/bell-curve-20-years-later-qa-charles-murray/
55. Adam Liptak, “An Exit Interview with Richard Posner, Judicial Provocateur,” New York Times, September 11, 2017. https://www.nytimes.com/2017/09/11/us/politics/judge-richard-posner-retirement.html?_r=0
56. David Brooks, “How We Are Ruining America,” New York Times, July 11, 2017. https://www.nytimes.com/2017/07/11/opinion
/how-we-are-ruining-america.html
10: TRIBALISM TODAY
1. Barack Obama, “Remarks Following the New Hampshire Primary—January 8, 2008,” American Presidency Project, John Woolley and Gerhard Peters, eds. http://www.presidency.ucsb.edu/ws/index.php?pid=62272
2. Peter Schramm, “American by Choice,” Weekly Standard, June 27, 2007. http://www.weeklystandard.com/article/14917
3. Chae Chan Ping v. United States, Legal Information Institute, Cornell Law School. https://www.law.cornell.edu/supremecourt/text/130/581
4. Mark Lilla, “The End of Identity Liberalism,” New York Times, November 18, 2016. https://www.nytimes.com/2016/11/20/opinion/sunday/the-end-of-identity-liberalism.html?mcubz=1
5. University of Wisconsin-Madison offers a “Problem of Whiteness” course: http://www.cnn.com/2016/12/23/health/college-course-white-controversy-irpt-trnd/index.html. Carl Sandburg College outlaws “disparaging comments”: http://www.campusreform.org/?ID=9455. Salon declares that white men must be stopped: http://www.salon.com/2015/12/22/white_men_must_be_stopped_the_very_future_of_the_planet_depends_on_it_partner/. Feminist geographers warn against citing too many white men: http://www.nationalreview.com/article/449507/feminist-geographers-warn-against-citing-too-many-white-men-scholarly-articles. King’s College in the U.K. replaces portraits of bearded white scholars with a “wall of diversity”: http://www.telegraph.co.uk/education/2017/07/14/top-uk-university-replaces-busts-portraits-bearded-white-scholars/. Culture and gender-studies researcher argues that Newtonian physics hurts minorities: http://www.nationalreview.com/article/448102/quantum-physics-oppressive-marginalized-people. Oxford University declares that avoiding eye contact is racist: http://www.telegraph.co.uk/education/2017/04/22/students-avoid-making-eye-contact-could-guiltyof-racism-oxford/. Elite Manhattan grade school teaches students that they are born racist: http://nypost.com/2016/07/01/elite-k-8-school-teaches-white-students-theyre-born-racist/
Suicide of the West: How the Rebirth of Tribalism, Populism, Nationalism, and Identity Politics Is Destroying American Democracy Page 50