I. Introduction

II. “A Broken Vending Machine”: The Shortcomings of Notice and Comment and Judicial Review of Agency Action ... A. Notice and Comment and Agency Technical Justifications ... B. The Judiciary’s Role in Promoting Technical Justifications for Agency Rulemaking

III. “The Rule of Nobody”: The Procedural Republic and The Administrative State ... A. The Neutrality of the Liberal State ... B. The Liberal Proceduralist Administrative State ... C. The Liberal Proceduralist Administrative State Fosters Anti-Establishment Politics

IV. If You Don’t Like the Weather Now, Just Wait a Few Minutes: The Problems of Political Control Through the Executive ... A. Disclosure of Presidential Involvement ... B. Judicial Review of Presidential Involvement

V. Freedom as Nondomination or Freedom from Politics? The Deliberative Model and Two Versions of Republicanism ... A. A Brief Background on Republican Political Theory ... B. The Deliberative Model and Its Unexamined Connection to Instrumental Republicanism

VI. From Individuals to Citizens: An Argument for Robust Republican Politics ... A. The Role of Science in the Robust Republican State ... B. A Brief Response to the Utopian Critique

VII. “Councils, Great or Small”: Some Possible Reforms of the Administrative State ... A. Small Councils: The Promise of Local Control of Regulatory Policy ... B. Great Councils: How a National Popular Assembly Might Work

VIII. Conclusion