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Police and the Liberal State$
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Markus D. Dubber and Mariana Valverde

Print publication date: 2008

Print ISBN-13: 9780804759328

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804759328.001.0001

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Police Power and the Hidden Transformation of the American State

Police Power and the Hidden Transformation of the American State

(p.54) Three Police Power and the Hidden Transformation of the American State
Police and the Liberal State

William J. Novak

Stanford University Press

The actual constitutional history of the American version of the modern nation-state suggests a close interconnection and interpenetration of sovereignty, police, and the rule of law. This chapter attempts to trace these three interdependent elements in the great transformation of American statecraft and public law between the end of the Civil War and the start of the New Deal, particularly the reconfiguration of sovereignty around a more positivist notion of a modern state; the redefinition and expansion of the legislative and regulatory authority of that state through a broader conception of police power; and a realignment in the relationship of the rule of law and administration. Together these intertwined transformations in sovereignty, police, and law created a modern polity that forever changed the relationship of state to citizen and government to civil society in the United States.

Keywords:   constitutional history, nation-state, sovereignty, police, rule of law

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