The War against Regulation: From Jimmy Carter to George W. Bush

by Phillip J. Cooper

Overview

Battered by our economy and disappointed by our government's role in that battering, we might be tempted to point the finger of blame at whoever's currently on the hot seat in front of us. But, as Phillip Cooper shows, we must widen our vision to take in the long history behind this dismal state of affairs. By doing so, it becomes clear that our present circumstances are in many ways the predictable outcome of a several-decades-long war against government regulation and its potential to protect and improve our lives.

Cooper explains how the war against regulation has been conducted both from within and outside the government over the past thirty years. Chronicling its major battles from the Jimmy Carter years through the presidency of George W. Bush, he shows that it is a war—waged by Democrats and Republicans alike—that has been fought in high places but whose casualties include children, senior citizens, the infirm, and millions of families who have lost their homes and retirement savings.

Cooper tells how Carter, praised for environmental regulation, worked to deregulate airlines, trucking, and banks; how Reagan undertook administrative rather than legislative measures against regulation—most of which weren't understood or even known by the public; and how George H.W. Bush continued the fight with the Quayle Commission. He describes Bill Clinton's commitment to fighting regulation despite having campaigned against his Republican predecessors' policies, then describes the behind-the-scenes maneuverings of George W. Bush as he sought to gut regulatory agencies entirely. He also devotes an entire chapter to parallel developments in the Supreme Court that substantially advanced the deregulation agenda during this era.

Cooper contends that regulation, as one of a number of policy tools available to our leaders, is neither good nor bad in and of itself. Excessive deregulation-as opposed to regulatory reform, can present considerable peril, as current events clearly show. By considering key issues important to a more effective understanding and use of regulation in the future, The War against Regulation makes a vital case for restoring debate about regulation's rightful role within the republic and offers hope that a better understanding of that role can help lift us out of our current crisis.

Product Details

ISBN-13:	9780700616817
Publisher:	University Press of Kansas
Publication date:	11/18/2009
Series:	Studies in Government and Public Policy
Pages:	288
Product dimensions:	6.20(w) x 9.30(h) x 1.10(d)

About the Author

Phillip J. Cooper is professor of public administration in the Mark O. Hatfield School of Government, Portland State University. His numerous books include By Order of the President: The Use & Abuse of Executive Direct Action and Governing by Contract: Challenges and Opportunities for Public Managers.

Table of Contents

Preface

Abbreviations

1. Can There Really Be an Attack on Regulation When There Is So Much of It? The War, the Weapons, and Modes of Attack

2. The War against Regulation from Jimmy Carter to George H. W. Bush: The Commanders in Chief and Their Attacks on Regulation

3. The William Clinton and George W. Bush Administrations: New Warriors in the Ongoing Battle against Regulation

4. The Battle against Regulation in the Courts: The Fight against Regulation in the Burger and Rehnquist Eras

5. “The Wrong War in the Wrong Place at the Wrong Time with the Wrong Enemy”: Imagining a Different Future

Appendix: Sources and Methods

Notes

Bibliography

Cases Cited

Index

Editorial Reviews

"Cooper, an accomplished scholar of the executive branch of the U.S. government and its interaction with the courts, gives a no-holds-barred account of the presidential and U.S. Supreme Court's efforts from 1976 to 2008 to dismantle a considerable portion of the administrative state. . . . This is a very well done, thoughtful survey of a very complicated, controversial topic. . . . [Cooper] has given us a work appropriate for advanced classes on government and modern U.S. political history courses, as well as for those who have an interest in the subject. at the very least, he has given us food for thought about the development of recent debates about the interaction of policy and the requirements of law, the shaping of our public conversation about the functioning of our government, and important assumptions in our national life that require a reexamination."—H-Net Reviews

“An important and timely contribution to the literature on deregulation. Particularly noteworthy is the analysis of the role of the White House—from Carter to Bush—in enabling a movement that has led to such disastrous economic and political consequences for the nation.”—Susan J. Tolchin, coauthor of Dismantling America: The Rush to Deregulate

“A superb book by a superb author, whose timing could hardly be better as we settle in for a long national debate over the urgent issue of regulation. Cooper may be the only author who can bring this kind of subject to life, but the lively quality of his writing takes nothing away from its instructive power.”—John A. Rohr, author of Civil Servants and Their Constitutions

From the Publisher