Winner of the Scribes Book Award

“As brilliantly imaginative as it is urgently timely.”
—Richard H. Fallon, Jr., Harvard Law School

“At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.”
—Frederick Schauer, author of The Proof

A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”

Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones.

These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall.

“Has something to offer both critics and supporters…a valuable contribution to the ongoing debate over the constitutionality of the modern state.”
—Review of Politics

“The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.”
—Wall Street Journal

During the five full years of his presidency (1964–1968), Lyndon Johnson initiated a breathtaking array of domestic policies and programs, including such landmarks as the Civil Rights Act, Head Start, Food Stamps, Medicare and Medicaid, the Immigration Reform Act, the Water Quality Act, the Voting Rights Act, Social Security reform, and Fair Housing. These and other “Great Society” programs reformed the federal government, reshaped intergovernmental relations, extended the federal government’s role into new public policy arenas, and redefined federally protected rights of individuals to engage in the public sphere. Indeed, to a remarkable but largely unnoticed degree,Johnson’s domestic agenda continues to shape and influence current debates on major issues such as immigration, health care, higher education funding, voting rights, and clean water, even though many of his specific policies and programs have been modified or, in some cases, dismantled since his presidency.

LBJ’s Neglected Legacy examines the domestic policy achievements of one of America’s most effective, albeit controversial, leaders. Leading contributors from the fields of history, public administration, economics, environmental engineering, sociology, and urban planning examine twelve of LBJ’s key domestic accomplishments in the areas of citizenship and immigration, social and economic policy, science and technology, and public management. Their findings illustrate the enduring legacy of Johnson’s determination and skill in taking advantage of overwhelming political support in the early years of his presidency to push through an extremely ambitious and innovative legislative agenda, and emphasize the extraordinary range and extent of LBJ’s influence on American public policy and administration.

At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate.

What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently.

How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason.

Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.