In the twentieth century, American society has experienced a “rights revolution”: a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments.
Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre–New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets.
Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Jan Doolittle Wilson offers the first comprehensive history of the umbrella organization founded by former suffrage leaders in order to coordinate activities around women's reform. Encompassing nearly every major national women's organization of its time, the Women's Joint Congressional Committee (WJCC) evolved into a powerful lobbying force for the legislative agendas of more than twelve million women. Critics and supporters alike came to recognize it as "the most powerful lobby in Washington."
Examining the WJCC's most consequential and contentious campaigns, Wilson traces how the group's strategies, rhetoric, and success generated congressional and grassroots support for their far-reaching, progressive reforms. But the committee's early achievements sparked a reaction by big business that challenged and ultimately limited the programs these women envisioned. Using the WJCC as a lens, Wilson analyzes women's political culture during the 1920s. She also sheds new light on the initially successful ways women lobbied for social legislation, the limitations of that process for pursuing class-based reforms, and the enormous difficulties the women soon faced in trying to expand public responsibility for social welfare.
A volume in the series Women in American History, edited by Anne Firor Scott, Susan Armitage, Susan K. Cahn, and Deborah Gray White
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