Image: The Administrative State, a Study of the Political Theory of American Public Administration, by Dwight Waldo (UC Berkeley), 1948. Permissions: fair use.
The phrase “the Administrative State” was widely used before Dwight Waldo
adopted it in 1948, and the concept of administrative powers and responsibilities has been the subject of debate for as long as the structure of democratic government has been implemented. Where the current debate begins is with the United States Constitution, and argues over the powers to govern under the presets of said constitution. Basically, the debate is over whether or not nonelected agencies of the government have the power to legislate as well as enforce.
Richard A Epstein, Chicago Law, NYU Law, Hoover; writes on The Dubious Morality of the Modern Administrative State. Fair Labor Standards Act*: govt can order overtime for some, minimum wage for others. SEC vs Chenery (I & II)
* The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.