In the late 19th century, the modern regulatory state was developing and the "scope of police regulation" was broadened.
If Bush wins, however, the court could embark on a concerted attempt to roll back the boundaries of the modern regulatory state.
As a result, the modern regulatory state was born.
And even those who shudder at the excesses of the regulatory state might hesitate before encouraging courts to dismantle it.
At the same time, business interests were alarmed by the growth of the regulatory state and, in particular, the marked increase in environmental litigation.
The regulatory state under Coolidge was, as one biographer described it, "thin to the point of invisibility."
They are less willing to overturn 60-year-old precedents that might strike at the core of the regulatory state.
Democracy itself, however, if it takes the form of a regulatory state, "is monarchism.
The term builds upon and extends the terms of the regulatory state on the one hand and governance on the other.
The last part of "Law in America" is devoted to the 20th century and the rise of the regulatory state.