John Rohr, the Administrative State, and the Study of Administrative Constitutionalism
Date | 01 March 2014 |
Author | Peri E. Arnold |
Published date | 01 March 2014 |
DOI | 10.1177/0095399713515872 |
Subject Matter | Articles |
Administration & Society
2014, Vol. 46(2) 160 –168
© The Author(s) 2013
DOI: 10.1177/0095399713515872
aas.sagepub.com
Article
John Rohr, the
Administrative
State, and the Study
of Administrative
Constitutionalism
Peri E. Arnold1
Abstract
John Rohr’s work made the Constitution central to American administration.
He created a normative conception of administrative constitutionalism,
and through textual interpretation he argued the framers’ ideas of
administration are consistent with modern administration. I interrogate
Rohr’s interpretations to argue that he overstated the compatibility of the
framers’ vision and modern administration. Thus, I argue, to support Rohr’s
normative program we must turn away from Rohr’s static Constitution and,
instead, engage theories of constitutional change.
Keywords
administrative state, constitutionalism, constitutional legitimacy
The Constitution and Public Administration
My contribution to this occasion honoring John Rohr interrogates his admin-
istrative constitutionalism. I review Rohr’s key arguments for American
administration’s constitutional legitimacy. Then, I identify several problems
with his characterizations of the framers’ conception of administration.
Finally, I conclude by sketching an expanded program for research on admin-
istrative constitutionalism.
1Department of Political Science, University of Notre Dame
Corresponding Author:
Peri E. Arnold, O’Shaughness Hall 217, Notre Dame, IN 46556, USA.
Email: peri.e.arnold.1@nd.edu
515872AAS46210.1177/0095399713515872Administration & SocietyArnold
research-article2013
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