The Birth of the Administrative State
University of Wisconsin Law School
professor Brad Snyder has written a very long book (824 pages in the print
edition) on the origins of American liberalism. He tells his story through the
collection of people who lived in and/or visited a house located at 1727 19th
Street in the DuPont Circle neighborhood of Washington D.C. between 1912 -1919
and he then follows them through the early 1930’s. Here we meet such liberal icons Justice Oliver
Wendell Holmes, Louis Brandeis, Felix Frankfurter, Herbert Croly, Walter
Lippmann (in his early life) and the sculptor Gertzon Borglum (think Mount
Rushmore).
All of them were upset with the more
conservative strain of the Taft Administration as compared to Teddy Roosevelt’s
and all of them want to move away from
the laissez faire philosophy of the 19th century and to move towards
a regulated economy run by disinterested experts. Their attitudes were in
response to the emergence of an industrial society that was a far cry from the
Jeffersonian vision of a democracy based on yeoman farmers. Simply put they
wanted to use Hamiltonian means to achieve liberal ends.
It is all so remarkable to read that the
Washington D.C. of those days was a very small town and many of the residents
and visitors had ready access to the leading figures of government from the
president on down. And boy did they use that access, especially during the
Wilson Administration. We see Frankfurter running the War Labor Board, Borglum
investigating fraud in aviation procurement and Lippmann writing what was to
become Wilson’s Fourteen Points and become part of the U.S. negotiation team at
Versailles.
Snyder shows how Brandeis and Frankfurter
influenced Holmes to become a leading civil libertarian on the Court as they
applaud his pro-regulatory views. The book spends far too much time on the liberal
cause celeb of the 1920s, the Sacco-Vanzetti case. To be sure in a strict legal sense they were
victims of a miscarriage of justice but as Snyder tells us in an endnote,
modern scholarship suggests that Sacco was guilty. He should have been more
honest in noting that upfront.
Snyder also shows us how Frankfurter
sent his best students to be law clerks for the Supreme Court. One notable
success was Dean Acheson Truman’s Secretary of State who clerked for Brandeis.
Two others mentioned did not turn out as well. Tommy “the Cork” Corcoran clerked
for Holmes was an architect of the New Deal, but later be became one of
Washington’s great “fixers.” Many followed in that tradition by going to
Washington to do good and ended up doing well. The other clerk he sent to
Holmes was Alger Hiss, the notorious Soviet Spy.
What I liked about the denizens of 1727
19th Street was that unlike too many of today’s progressives, they
really believed in free speech and that Frankfurter and Brandeis were
full-throated supporters of the Zionist project. Although Snyder carefully
notes Lippmann’s move to the Right, he hardly spends time on how later in life
Frankfurter became one of the leading conservatives on the Supreme Court. He
stayed true to his belief that courts should give great deference to elected
legislatures. Finally Snyder doesn’t deal with the dark side of the administrative
state where nameless and faceless bureaucrats, many with heavy political
agendas, dictate practically every nook and cranny of American life.
Nevertheless for readers who slog
through the book, they will get a real sense of ferment of ideas that made
liberalism a major force in our society.
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