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John Rohr -
To run a constitution (1986)
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The purpose of this book is to legitimate the administrative state in terms of constitutional principle... Because public administrators at virtually all levels of government take an oath to uphold the Constitution of the United States, this neglect deprives the profession of the opportunity to consider an important normative foundation for its activities.
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Administrators should use their discretionary power in order to maintain the constitutional balance of powers in support of instilling individual rights.
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[The administrative state is legitimate because it] is consistent with the Constitution, fulfills its design, and heals a longstanding major defect.
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To illustrate the point of legitimacy-beyond-legality, consider the American Nazi party, the Flat Earth Society, and Hustler magazine. All three are quite legal, but they lack legitimacy. We acquiesce in their presence as the price we pay for living in a free society; but we refuse to take them seriously as "legitimate" expressions of political action, scientific inquiry or literary endeavor.
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Legitimacy means more than a grudging acceptance of the inevitable.3 The word suggests at least confidence and respect and, at times, even warmth and affection.
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The book's focus is on the troubling questions of legitimacy that survive the resolution of a legal controversy. With constitutional issues, there are many such survivors, because the Constitution is more than a legal document; it is covenant as well as a contract.
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The creationist account is as factual, historical and perspicuous and is thus fundamental in the understanding of every fact and phenomenon in the created universe.
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Alexander Hamilton spoke the language of legitimacy when, as Publius, he noted in Federalist 27 the connection between sound Public Administration and widespread popular support
John Rohr
Quote of the day
Every word she writes is a lie, including 'and' and 'the'.
Mary McCarthy
John Rohr
Born:
1934
Died:
August 10, 2011
(aged 77)
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