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POWER WITHOUT RESPONSIBILITY

HOW CONGRESS ABUSES THE PEOPLE THROUGH DELEGATION

Path-breaking study by Schoenbrod (Law/New York Law School) of the pernicious effect of Congress's delegation of power to various federal agencies. Schoenbrod argues that the provisions of Article I of the Constitution that invest legislative power in the Congress have been systematically subverted by Congressional delegation of power to agencies—a practice, he notes, that the Supreme Court rejected until the Court-packing controversy of the 1930's forced it to grant implicit permission. Moreover, he contends that from whatever ideological position one looks at such delegation, the result has been to subvert democratic government (and it's notable that the galley of this book carries blurbs from Americans both right—e.g., Robert Bork—and left—e.g., the president of the ACLU). Delegation has caused lawmakers to construct statutes of overwhelming complexity; to take credit for apparent solutions that solve nothing; to obtain political contributions for affected industries; and to blame agencies for inevitable failures. In one of several devastating case studies, the author analyzes how the orange- growers' cooperative, Sunkist, has used its political power to dominate the Department of Agriculture's marketing board; to exclude consumer interests; to prevent funds from being used to organize a referendum of all orange-growers (the majority of whom may be opposed to Sunkist's practices); and to prevent even a list of orange-growers from being released—all in the interest of the preservation of ``orderly markets.'' Schoenbrod says that such abuses can be rectified—but that it's up to the Supreme Court to do so, by reigning in Congressional delegation and its consequent regulatory-agency fiascoes. He shows persuasively that Court action would help the public interest by reducing ``a regulatory system so cumbersome that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for consequences.'' An original and devastating analysis that may have considerable political impact.

Pub Date: Dec. 15, 1993

ISBN: 0-300-05363-0

Page Count: 264

Publisher: Yale Univ.

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Nov. 1, 1993

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A PEOPLE'S HISTORY OF THE UNITED STATES

For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.

Pub Date: Jan. 1, 1979

ISBN: 0061965588

Page Count: 772

Publisher: Harper & Row

Review Posted Online: May 26, 2012

Kirkus Reviews Issue: Jan. 1, 1979

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GOOD ECONOMICS FOR HARD TIMES

Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.

“Quality of life means more than just consumption”: Two MIT economists urge that a smarter, more politically aware economics be brought to bear on social issues.

It’s no secret, write Banerjee and Duflo (co-authors: Poor Economics: A Radical Rethinking of the Way To Fight Global Poverty, 2011), that “we seem to have fallen on hard times.” Immigration, trade, inequality, and taxation problems present themselves daily, and they seem to be intractable. Economics can be put to use in figuring out these big-issue questions. Data can be adduced, for example, to answer the question of whether immigration tends to suppress wages. The answer: “There is no evidence low-skilled migration to rich countries drives wage and employment down for the natives.” In fact, it opens up opportunities for those natives by freeing them to look for better work. The problem becomes thornier when it comes to the matter of free trade; as the authors observe, “left-behind people live in left-behind places,” which explains why regional poverty descended on Appalachia when so many manufacturing jobs left for China in the age of globalism, leaving behind not just left-behind people but also people ripe for exploitation by nationalist politicians. The authors add, interestingly, that the same thing occurred in parts of Germany, Spain, and Norway that fell victim to the “China shock.” In what they call a “slightly technical aside,” they build a case for addressing trade issues not with trade wars but with consumption taxes: “It makes no sense to ask agricultural workers to lose their jobs just so steelworkers can keep theirs, which is what tariffs accomplish.” Policymakers might want to consider such counsel, especially when it is coupled with the observation that free trade benefits workers in poor countries but punishes workers in rich ones.

Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.

Pub Date: Nov. 12, 2019

ISBN: 978-1-61039-950-0

Page Count: 432

Publisher: PublicAffairs

Review Posted Online: Aug. 28, 2019

Kirkus Reviews Issue: Sept. 15, 2019

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