The Institutional Architecture of Progressive Democracy

This chapter describes examples of Progressive administration from the New Deal and the Second Reconstruction. This account explores the tension between public deliberation in the administrative process and efficient delivery of the services that make democracy possible. During the New Deal, the Tennessee Valley Authority and the Agricultural Adjustment Administration engaged in highly deliberative forms of land use planning. But these deliberative procedures tended to exclude low-income and minority farmers. The Farm Security Administration, by contrast, provided desperately needed goods and services to poor farmers, but did not generally engage them in administrative policymaking. As the New Deal drew to a close, the Progressive emphasis on participatory modes of administration were codified in a thin form in the Administrative Procedure Act. At the same time, the social impacts of the New Deal agricultural agencies created some of the conditions for the Second Reconstruction. During the Second Reconstruction, civil rights agencies attempted to combine public participation and efficient bureaucracy in new institutional forms. The Department of Health, Education, and Welfare developed broad understandings of the social background for segregation that enabled courts to integrate schools in the South. The Equal Employment Opportunity Commission deliberated with civil rights groups and the courts to develop the disparate impact theory of discrimination. The Office of Economic Opportunity instituted radical forms of public participation in implementing the “maximum feasible participation” requirement of the Economic Opportunity Act.