Between 1866 and 1932—between the Civil War and the New Deal—the American system of governance was fundamentally transformed, with momentous implications for modern American social and economic life. Nineteenth-century traditions of local self-government and associative citizenship were replaced by a modern approach to positive statecraft, social legislation, economic regulation, and public administration still with us today. The last such formative transformation in the structure of American public life occurred in the late eighteenth century and was dubbed by Gordon Wood as “the creation of the American republic.”1 This later turn-of- the- century revolution in governance is best characterized as “the creation of the modern American state.” It was the second great act in the legal-political history of American democracy.
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