bluuebunny/crossref_metadata_2025 huggingface dataset:
Political and Social Reconstruction in France
Authors: Buell Raymond Leslie
Published: May 2006

In 1871 France was defeated in a six-months' war, by a rival seeking revenge for the humiliations of Jena and Auerstadt. In 1918 France emerged the victor from a fifty-one months' struggle with the same foe. But, unhappily, the spoils reaped from her victory offered slight compensation for the sacrifices she had recently been compelled to make or for the penalties she had paid forty-seven years before. The year 1918, indeed, saw the return of Alsace-Lorraine and the complete restoration of the territorial unity of the French nation; it witnessed no upheaval of government; it experienced no communist revolution. But it found France socially, politically and morally disorganized and exhausted; it found her finances upon the verge of bankruptcy; it found her manhood decimated by some fourteen hundred thousand, and one-tenth of her richest provinces scourged by the flame of war. The year 1918 found France with a form of government which in many respects was regalian and unrepresentative; it found profiteers not only preying upon the necessities of the people but systematically evading the payment of taxes; it found labor tremendously powerful and wielding its strength not so much to force the adoption of economic reforms, as to achieve distinct political privileges. The year 1918 found France confronted with a revengeful Germany, whose recuperative powers seemed far greater than her own, in a position likely to become more tragic with the developing antagonism of England and Italy and the probable withdrawal of the United States from European affairs. In fact, to many her situation appeared desperate: internal discord was undermining the social structure, while, across the Rhine, Berlin seemed preparing to fall upon a decadent state.
The Department of the Navy
Authors: Neeser Robert W.
Published: May 2006

In the United States, the department of the navy is the constituted organ of the government for administering the navy. Its sole reason for existence is the possibility of war. The most important office in the navy department, after that of the secretary of the navy, is the office of naval operations. All the other offices in the navy are merely accessory to that one particular office the function of which is the preparation of the navy for war.

The method of naval administration now in force in the United States is the outcome of a gradual development. When the Constitution went into effect in 1789, it contained several references to the navy. Congress was given power to “provide and maintain a navy.” The President was made the “commander-in-chief of the navy” and there was a clause which forbade the States from owning ships of war in time of peace. When, during Washington's administration, the executive departments were organized, there was no navy, and there was no pressing need for one. Congress, therefore, vested the control of the navy in the secretary of war. The frigate Constitution and her sister ships were thus built under the direction of the war department. But the imminent hostilities with France in 1798 revealed the need of a separate executive department for the proper administration of our sea force, and, on April 30, 1798, the bill creating the navy department became a law.
The Japanese School Question and the Treaty-Making Power
Authors: Hershey Amos S.
Published: May 2006

The Japanese protest of October 23, 1906, against the action of the San Francisco board of education, based on a California statute requiring all children of Mongolian descent to attend the school set apart for orientals, is one of the most puzzling incidents in our recent diplomatic history. It was sufficiently perplexing to the friends and admirers of Japan to learn that her government had created an international issue out of such a trivial matter as the segregation of less than one hundred Japanese pupils in the oriental school of San Francisco. But some of the friends and supporters of the administration were still more surprised to hear that the federal government admitted that the treaty of 1894 with Japan had been violated by this action of the San Francisco board of education, and apparently believed that it had jurisdiction in the premises.

It is true that Secretary Metcalfe's report, which was published on December 19, 1906, also informed us of a considerable number of assaults on Japanese subjects by “hoodlums and roughs,” and of the breaking of windows in Japanese restaurants in San Francisco. These attacks, although subsequent to the earthquake, occurred at a time of great public disorder during which there appears to have been a carnival of crime when the police were powerless to protect life and property; but they seem to have been directed against the Japanese from motives of race prejudice, and not for the purpose of robbery.
The Recent Controversy as to the British Jurisdiction Over Foreign Fishermen More than Three Miles from Shore: Mortensen V. Peters
Authors: Gregory Charles Noble
Published: May 2006

Emmanuel Mortensen, residing at Grimsby, on the thirtieth of November, 1905, being master of the trawler Niobe, of Sandefiord, Norway, was charged, contrary to a bye law adopted pursuant to a British statute, with using the method of fishing, known as otter trawling, in a part of the Moray Firth, five miles or thereabouts by east by north from Lossie-Mouth, which lies within a line drawn from Duncansby Head, in Caithness, to Rattray Point, in Aberdeenshire and is within the area specified in the bye law referred to, made by the fishery board for Scotland, under a power conferred by statute, which bye law had been duly confirmed by the secretary for Scotland, and duly published. He was thereby liable to a fine not exceeding 100 pounds, on conviction, and, on failure to pay, to not exceeding sixty days imprisonment and to forfeiture of his nets. At the trial, defendant stated, as a preliminary objection, that his steam trawler was registered in Norway, and the locus of the offense as alleged was not within the jurisdiction of the court and, reserving this plea, pleaded “not guilty.” It was proved said trawler was registered in Sandefiord, Norway, and that defendant was a Dane; that he did the act in the plea alleged, and that this was outside a marine league from low water mark on the adjacent coast, and within ten miles thereof.

The sheriff “repelled” the preliminary objection, found defendant guilty, imposed a fine of fifty pounds, and, in default, sentenced the accused to fifteen days' imprisonment. Defendant paid the fine and appealed, and the questions of law submitted to the high court of justiciary were, whether the sheriff's court had jurisdiction, and whether the conviction and sentence were “legal and competent.”
An Illustration of Legal Development—The Passing of the Doctrine of Riparian Rights
Authors: Hess Ralph H.
Published: May 2006

Contemporary with the recent and very rapid industrial development of the United States has been observed an unexampled liberality of juristic thought. Especially has the process of settlement and industrialization of the West been pervaded by certain unusual social and economic influences, and likewise has been comparatively free from that judicial conservatism prevalent during the periods of colonization and settlement of the eastern and central portions of the country. Extremely dynamic forces, finding their origin in the manner of settlement, the physical characteristics of the country, and the personal attributes of the population, readily developed what may be termed specialized forms of social and legal institutions. As economic and political factors have become adjusted and a stable social poise has been approached, some of the diverging branches of the new sociopolitical life of the West have been pruned back to antecedent form, but others have become component parts of a permanent organization. Incident to the perpetuation of an unusual industrial structure, there have come about the development of new legal concepts which have assumed special relation to property rights in natural resources. This was possible only upon the abrogation of common law precedents and the renunciation of doctrines formerly conceded to be fundamental in American practice.
The International Naval Conference and the Declaration of London
Authors: Stowell Ellery C.
Published: May 2006

Although the Naval Conference which met at London, December 4, 1908, grew out of the Second Peace Conference it differed from the latter both in its composition and its object.

In an historic session at the Hague, in June 1907, Germany and England proposed to the powers assembled to establish an international prize court. The two projects were referred to the first commission, and by the latter to a subcommission, which again appointed a committee of three, (Renault of France, Kriege of Germany, and Crowe of Great Britain) to combine them and draw up a project for submission to the commission.

It is hard to realize the significance of the work of those three jurists, each as familiar with the practical transaction of international business as with the theory and underlying principles of international law. To them, primarily, is due the elaboration of the convention for the establishment of an international prize court. Nor should we forget that the American delegation at the Hague gave the project its vigorous support, so that it was presented to the conference in the name of four of the greatest maritime powers.
Direct Primaries and the Second Ballot
Authors: Holcombe A. N.
Published: May 2006

One of the unsettled questions in direct primary legislation is the test of party affiliation. Upon what terms should the voter be permitted to participate in the selection of partisan candidates? Should he be required to prove past action with the party whose primary he would attend, or should a mere declaration of present intention to give it his future support suffice?

The former requirement may take the form of an oath that the voter has generally supported the candidates of the party in the past, or at least at the most recent election. Such a test of party affiliation has the apparent advantage that it protects the party primary from invasion by members of other parties for improper purposes, and thus preserves the purity of the partisan nominating system. This advantage, however, is more apparent than real. There is no effective way of discovering a case of perjury without at the same time violating the secrecy of the general election ballot. An oath which can be neither gainsaid nor corroborated excludes only the conscientious voters, who do not need it, and admits the unscrupulous members of all parties.

A less objectionable test of party affiliation may take the form of a declaration that the voter has not participated in the primary election of any other party within a prescribed interval. This declaration may be enforced by a system of party registration, which will impose material obstacles to capricious or dishonest changes of party affiliation.
Expansion of the Publications of the Department of State
Authors: Colegrove Kenneth
Published: May 2006

In all countries, the publications of the foreign office hold a peculiar position among government documents. Statesmen appear to be more reticent in informing the public on foreign relations than in regard to any other governmental function. This reticence seems to obtain in democracies as well as autocracies. There are exceptions, such as post-war Germany and Soviet Russia, where the new governments entered upon a policy of disclosing almost everything in past diplomacy for the purpose of exposing the incompetency of the Hohenzollern and Romanov régimes. But these exceptions are conspicuously few. It is, of course, too much to expect foreign offices to publish all diplomatic correspondence and official reports. Some of these communications concern private persons whose affairs should not be exhibited to public gaze. Other papers contain tentative proposals and counter-proposals made in the course of negotiations, and should not, in fairness to all governments involved, be published at the time. Finally, much of the correspondence is merely routine. Nevertheless, it will probably be generally conceded that in a democracy the people ought to have opportunity for wide information regarding the conduct of foreign relations.

In the United States the chief official sources of information include: the President's annual message, Foreign Relations, the Treaty Series, mimeographed press releases, the Register of the Department of State and other lists, and occasional documents issued by the Department of State. It has been the practice of the President to devote a large portion of his annual message to Congress to a resumé of international relations for the year.
Swedish Parliamentary Elections, 1919
Authors: Arneson B. A.
Published: May 2006

The elections to the upper chamber of the Swedish Riksdag, in July, 1919, cannot claim any large share of the world's attention. None the less, being the first parliamentary elections in any of the neutral European countries since the armistice, they have some interest as an indication of the political temper of the northern neutrals at the close of the war.
Scientific Management of the Public Business
Authors: Cooke Morris L.
Published: May 2006

The evolution of business organization is from the unsystematized through the systematized to the scientific. Governmental work—federal, state and municipal—is still almost exclusively in the unsystematized stage.

Among the causes of municipal inefficiency are the attempt to hamper and control the action of individuals by a multiplicity of petty restrictions unknown in private business, and the separation of the municipal service into scores of divisions with little or no mutuality of interest. Both of these practices tend to prevent group action in the large sense. But undoubtedly the greatest bar to efficiency is the unwillingness to trust the individual as shown by the attempt to thwart evil or selfish designs of the official by board control. This committee management is in my opinion, the most costly hallucination of democracy. As a present day cause of expensive and inefficient government, this bulwark of the stand patter, of special privilege, of the politician and of the crook makes other influences tending in the same direction such as the complacency of civil service and the lack of definite standards, seem almost negligible.
Some Neglected Factors in Law-Making
Authors: Bruncken Ernest
Published: May 2006

An obscure member of a legislative body dictates to his stenographer a document called a bill and submits it to the legislature. The bill goes through all the various stages provided, receives on its way more or less desultory discussion, mostly of an ex parte character, is adopted by a legislature, of whose members a majority have but the slightest, if any, acquaintance with its contents; is signed by the governor, and now has become a part of the law of the land.

In some law report, I find that a learned and famous judge, speaking on behalf of his brethren of the bench, with whom he has first consulted, enunciates a certain unfamiliar rule as being the law of the land. The court has come to this conclusion, not hastily nor without a serious attempt to understand the rule in all its possible bearings, but after careful study, assisted by the written and oral arguments of able counsel, who on their part have made an elaborate and profound study of the question, from differing points of view. Moreover, the question had already been considered, with hardly less thoroughness, in the court from which the case was appealed.
The Ligislative Record
Authors: Rogers Lindsay
Published: May 2006

Apart from the appropriation bills the legislative record of the third (and final) session of the Sixty-sixth Congress was almost entirely negative. That was to be expected. The only purpose of a short session is to care for supply and Congress is fortunate if it is able to do this. A session of the old Congress after the election of the new, is one of the most striking anomalies of representative government in the United States.
The Need for the Development of Political Science Engineering
Authors: Dennison Henry S.
Published: May 2006

In the early days of factory management, when the problems and conditions were relatively simple, it fell to the lot of all sorts of human folk to manage the various jobs involved. Each used his own peculiar method and, naturally enough, it came into general belief that ability in management was an instinctive knack, that managers were born, not made, that few if any rules could be laid down, and that little could be learned by one from another. Even in the earliest days, a small handful of men called attention to the fact that management measures and forms of organization could be better or worse adapted to their uses; but for generations the suggestion passed unheeded.

As the problems and conditions of factory management grew more complex and exacting, more men came to believe that the art of management was something more than an intuitive and highly personal knack. Before the Great War, a fair nucleus was beginning to study the art from the point of view of the forces involved, and with an eye to causes and effects. And the war experience of manufacturing strange materials, shifting conditions upside down, built up this nucleus into a very fair working minority.
Civil Service in Soviet Russia
Authors: Maxwell Bertram W.
Published: May 2006

Before the Revolution. Peter the Great, among other attempts to westernize Russia, introduced in 1722 a “table of ranks” consisting of fourteen classes of civil officials (chinovniki) ranging from mere filing clerks to privy councillors. Advancement in civil service also brought with it advancement in social status, but few persons of plebeian origin could reach the higher ranks. Officials attaining the rank of “actual state councillor” automatically became hereditary nobles. The old nobility resented this “corruption of blood;” but with the growth of the Empire, the nobles alone were not sufficiently numerous to render all the civil service necessary for the administration of the state. The admission of non-nobles into civil service was, however, rigidly restricted, not so much by educational qualifications as by stipulations that sons of officials, military officers, orthodox clergy, merchants of the first class, and members of the learned professions should be given preference. Others were admitted provided they were graduated from middle and higher educational institutions with honor (gold medal). Jews were in general excluded, exceptions being made in the case of the medical service.
The Political Philosophy of Henry Adams
Authors: Shumate Roger V.
Published: May 2006

The use of superlatives is always dangerous, but it may be said, with little exaggeration, that Henry Adams was the Aristotle of America. His similarity to the great pupil of Plato, however, lies not so much in his influence upon subsequent thinkers as in the astonishing range of his interests and studies. Probably no other man of recent times has made such an ambitious effort as he to explore the entire realm of human knowledge and to deduce from it some logical answer to the riddle of the universe, with particular reference to the destiny of society. At a time when specialization had become the order of the day, and when it was considered presumptuous for a man to attempt to master more than one tiny segment of knowledge, he ranged the whole field like a titan, concerning himself with history, politics, economics, astronomy, physics, chemistry, mathematics, geology, anthropology, and psychology.
Austria's Corporative Constitution
Authors: Zurcher Arnold J.
Published: May 2006

As a feature of a reformed May Day celebration, the cabinet of Chancellor Englebert Dollfuss, on May 1 last, decreed a new constitution for Austria. The rather lengthy document, consisting of 182 articles and covering some 32 pages in the official Bundesgesetzblatt, is mainly the work of Dr. Otto Ender, former chancellor, who, on July 18, 1933, joined the Dollfuss cabinet as minister for constitutional and administrative reform. It had been approved on April 30 at the final session of the lower house of the republican parliament, the Nationalrat. Owing to the cabinet's cancellation of the mandates of 72 Social Democratic deputies and of two other deputies who had manifested National Socialist sympathies, only 91 of those who had been elected to the Nationalrat in 1930 were eligible to attend the session.
“Preliminary Hearings” in Naturalization Administration
Authors: Gettys Luella
Published: May 2006

In the application of statutes and regulations governing naturalization in the United States, an ingenious administrative device has been evolved which avoids the ineffectiveness and cumbersomeness of the ordinary courts as well as the abuses occasionally characterizing the non-reviewable action of executive agencies at the other extreme. Under an act of 1926, “preliminary hearings” on naturalization petitions are conducted by examiners of the Naturalization Service designated by federal district judges, and recommendations are made to the court which has jurisdiction to grant or withhold citizenship. The examiner resembles a master or a referee rather than an administrative tribunal; yet, unlike many officers of courts in equity matters, he is subject to effective supervision by his administrative superiors.
Question Time in the British House of Commons
Authors: McCulloch Robert W.
Published: May 2006

Within the past hundred years, the practice of asking questions of members of the ministry has grown up as a fixed part of the ordinary procedure of the House of Commons. Within a broad range of subjects, and governed only by a group of rules which are interpreted rather liberally by the Speaker as to subject-matter and form, each member is allowed to put three questions for oral answer on each parliamentary day except Friday, and as many for written answer as he desires. He must give a clear day's notice by handing his questions to the clerks for publication in the Orders of the Day. Questions may also be put by “private notice,” in which case, instead of printed notice, the member gives written notice to the minister concerned and to the Speaker. With permission of the Speaker and the indulgence of the House, inquiries on matters of current public interest are sometimes made without any formal notice.
Constitutional Law in 1940–1941: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1940
Authors: Cushman Robert E.
Published: May 2006

The membership of the Supreme Court underwent but one change during the 1940 term. Mr. Justice McReynolds retired on February 1, 1941. Chief Justice Hughes retired on June 2, 1941, after the term had closed. The vacancies thus created were both filled during the summer recess. Mr. Justice McReynolds, a Tennessee Democrat, was Attorney-General in President Wilson's first cabinet, and was appointed to the Court in 1914. He has long been rated one of the most conservative of the justices and was a consistent and bitter opponent of the New Deal and all its works. Mr. Justice Van Devanter, who had retired in 1937, died on February 8, 1941.
The Cuban Elections of 1936
Authors: Fitzgibbon Russell H. , Healey H. Max
Published: May 2006

May 20,1936, was a date of importance in Cuban history. Not only was it the thirty-fourth anniversary of the birth of the Cuban Republic; it marked the first time in seven years (as many Cubans maintain) that a completely constitutional government had control of the island's political destinies. On May 20 of this year occurred the inauguration of Miguel Mariano Gómez y Arias, sixth “regularly elected” president of Cuba, son of the Republic's second president, and the man who, at least nominally, will be at the helm of the Cuban ship of state in the immediate future.
Public Ownership and Tax Replacement by the T.V.A.
Authors: Edelmann Alexander T.
Published: May 2006

The state and county governments in the Tennessee Valley area, particularly in Tennessee, completed 1940 with one of their most pressing financial problems solved or well on the way to solution. The threatened loss of taxes to governmental units, resulting from the program of public ownership of power and the purchase by the Tennessee Valley Authority and the municipalities of the properties of private electrical power companies, had been serious to many counties facing bankruptcy, curtailment of services, or exorbitant taxes. Besides the financial effects, the situation strikingly demonstrated the need for reforms in local government, mainly the consolidation of counties and the introduction of better budgeting and accounting practices. Moreover, the problem has also been significant because of certain issues resulting from the venture into public ownership. Should proprietary agencies of the national government engaged in competition with private business and acquiring existing taxable facilities be responsible for the taxes thereby displaced and replace them as a matter of policy? Are proprietary functions of the national government subject to state and local taxing authority? These issues have demanded widespread consideration not only in the Tennessee Valley area but also in other sections where public power programs are being tried on a large scale. A bill was introduced into Congress on September 30, 1940, to provide for payments to governmental units affected by displacement of taxes arising from the Bonneville Power Project, and a more recent bill applies to the proposed Arkansas Valley Authority Project. The passage of the Norris-Sparkman amendment by Congress in June, 1940, whereby payments in lieu of taxes are being made by the T.V.A., has answered these questions and relieved the pressing financial aspects of the situation. The tax replacement provision has now been in operation more than six months, and an analysis of the period affords an interesting insight into its effects on the various governments concerned.
Reorganization of the General Accounting Office
Authors: McDiarmid John
Published: May 2006

President Roosevelt's message of January 12 urging a thorough reorganization of the administrative branch of the federal government was greeted by a Congress undoubtedly astounded at the number and revolutionary character of the reforms advocated. Among the suggestions around which opposition has crystallized is the proposed redistribution of the General Accounting Office's functions relating to accounting, expenditure control, and auditing between a more circumscribed “General Auditing Office” and the Treasury Department. It is unfortunate that the benefits to be derived from this reorganization are not widely recognized. On the contrary, the move easily lends itself to characterization as an arrogation of further power on the part of the Chief Executive and an attempted removal of the administrative branch of the government from any effective control by Congress. In the words of Senator Vandenberg, "it would put a muzzle on the only watch-dog that's left around here.” Publicity is given to the “proposed abolition of the Comptroller-General's office,” as though this independent critic of Administration expenditures were to be done away with entirely. Actually, under the President's plan provision is made for an independent audit which could be made more effective than the confused control exercised by the Comptroller-General under the present arrangement. In addition, the recognition of accounting and expenditure control as fundamental elements of management would bring into the federal system an increased efficiency in administration which is sadly needed.
Congress—Problem, Diagnosis, Proposals: Second Progress Report of the American Political Science Association's Committee on Congress
Authors: Dimock Marshall E. , Herring Pendleton , Jacobstein Meyer , Leigh Robert D. , Wallace Benjamin B. , Wallace Schuyler C. , Galloway George B.
Published: May 2006

The problem with which your Committee has been concerned since its appointment early in 1941 is the place of Congress in the American scheme of government under the emergency conditions of peace and war that have prevailed during the past decade. We have asked ourselves such questions as these:

1. What changes have taken place in the relations between Congress and the Executive? Why? Has there been in fact any surrender of power and responsibility by Congress? If so, to what extent? How can an organic and continuous relationship between Congress and the Executive be established?
The Rôle of State Governments in the Post-War Era
Authors: Ice Willard , Stickgold Simon
Published: May 2006

The states can do little toward winning the war except to give their whole-hearted coöperation to the President's program for prosecuting the war. This coöperation is, of course, essential and of inestimable value; but the states are not engrossed in planning strategy, directing the war effort, or financing the struggle. By comparison with the federal government, they have immeasurably more time and energy available for engaging in other activities. This time and energy should be devoted to the achievement of something constructive; and the most constructive contribution which the states can make to our national economy is to devote themselves now to the task of preparing for a rôle of active participation in dealing with the serious problems with which we shall probably be confronted after the war. Even if those problems, for one reason or another, do not materialize, it is far better to be prepared for an emergency which never comes than to be unprepared for one which does come.
The Conservative World of Mr. Justice Sutherland, 1883–1910
Authors: Mason Alpheus Thomas
Published: May 2006

The Supreme Court of the United States was dominated for almost two decades by the philosophy of Mr. Justice Sutherland. Even prior to becoming an Associate Justice, October 2, 1922, he had been a figure of national prominence for over twenty years, serving one term as congressman, 1898–1900, and two terms as senator, 1905–1917. His retirement, January 16 of this year, closes the more active phases of a long career in public service. Throughout he has shown himself a man of firm convictions and pronounced views, whether expressed on the floors of Congress, in public addresses, or in Supreme Court opinions. Yet little, almost nothing, has been published on his life, thought, and work, as was contemporaneously done with respect to Justices Holmes and Brandeis.

This neglect of judicial biography has been noticed by Dean Charles E. Clarke of the Yale Law School. Writing in the Nation of June 12, 1937, he observed: “Many of the books which needed to be written on judicial supremacy have now been completed.
Research in Public Law: Report of the Panel on Public Law
Authors: Swisher Carl B.
Published: May 2006

The Panel on Public Law is one of a number of such organizations which came into being under the auspices of the Committee on Research of the American Political Science Association. Its purpose is to survey research in public law as now conducted and to give such guidance to methods and areas of future research as is possible and as the members think desirable. Since the date of its organization in the summer of 1942, the Panel, with a somewhat fluctuating membership, has exchanged ideas through extensive correspondence. On September 9–10, 1944, it met in Washington for more detailed discussion and sharing of opinions. It met again in Philadelphia on March 29, 1946, pursuant to the program of the annual meeting of the Association. The range of opinions and attitudes has proved very wide. It reflects a high degree of individualism in the field—the result, no doubt, of differences of initial training and experience and habit of mind, and also, perhaps, of the comparative isolation one from another which characterizes the working conditions of the representatives of the field. The correspondence and the oral discussions already held have dealt with too many problems to make possible a report of widespread agreement.
Ten Years of the Supreme Court: 1937–1947: IV. Due Process of Law
Authors: Harris Robert J.
Published: May 2006

The disintegration of due process of law was somewhat advanced prior to October, 1937, as a result of judicial reversals of opinions on price-fixing and minimum wage legislation. As the process of transformation continued, it took four major forms. They were: (1) the withdrawal of substantive due process as a limitation on social legislation, taxation, rate-making, and regulatory action generally; (2) an expansion of substantive due process in cases involving freedom of expression, assembly, and religion, including rights of labor through the application of new concepts of freedom of speech; (3) the curtailment of procedural due process as a limit on administrative action except in cases involving the deportation of aliens; and (4) the use of procedural due process in such a way as to provide greater protection on the whole to persons accused of crime. This transformation has been accompanied by changed assumptions which accommodate governmental activity.

Thus, on the assumption that so long as one is free to possess the fruits of agricultural production there is no denial of due process of law, the Court has sustained rigid restrictions on the marketing of agricultural products even when retroactively imposed and when the quotas were so applied as to include the wheat produced by a farmer for his domestic consumption. On a further assumption that since Congress has the power to decide the issue of the advantages and disadvantages of holding companies, the Court not only sustained the Public Utility Holding Company Act, but in so doing asserted that the judiciary could not question the propriety of Congress' decision.
II. The Inter-American Regional System
Authors: Fenwick Charles G.
Published: May 2006

For more than half a century, the states of the Western hemisphere have coöperated for the promotion of their mutual interests by means of a loose form of organization which is unique in the categories of political science. Step by step, the organization has proclaimed its principles and strengthened the machinery of its conferences and its consultative meetings of Foreign Ministers; step by step it has enlarged its functions and developed new agencies for their administration. But at no time have the American states sought to draw up a formal charter defining the status of their collective membership as constituting a corporate international person. Rather they have preferred to coöperate along practical lines and to develop their organization progressively as the circumstances of the time appeared to demand. In consequence, while the inter-American system exists as a fact, while it functions as an association or “union” of twentyone American states, its precise juridical character as a regional organization has never been defined. Whether the establishment of the new international organization contemplated by the Dumbarton Oaks Proposals will call for such a definition, in order to establish more accurately the relations between the two systems, is a question for speculation, now that the Conference at Mexico City is in progress.
Willow Run Produces Bombers and Intergovernmental Problems
Authors: Bromage Arthur W. , Perkins John A.
Published: May 2006

Wings over Europe and the Far East are being spread from what was until last year mere Midwestern field and stream—Willow Run, now the site of the world's largest and most revolutionary bomber plant. Air supremacy for the United Nations may rest upon Henry Ford's adaptation of assembly-line methods from autos to airplanes. B-24 bombers now being flown from the hangars at the bomber plant are casting their shadows over the countryside round about. But months ago, the first shadows of Willow Run lengthened over the neighboring cities and villages. Rural residents are finding themselves in the midst of a metropolitan maëlstrom. Orchards, vineyards, wood-lots, and truck gardens are giving way to highways, trailer camps, and federal housing facilities. Population growth and changing land-use are staring the local urban and rural governments in the face. Immediate need for roads, public health service, zoning, and housing are problems which cut across the paths of national, state, and local authorities.
The Changing Rôle of the U. S. Civil Service Commission
Authors: McDiarmid John
Published: May 2006

In any appraisal of our national government and its ability to shoulder postwar domestic burdens, the rôle of the U. S. Civil Service Commission deserves scrutiny. “Good personnel administration is good public administration,” Herbert Emmerich argues conclusively, and the influence which the Civil Service Commission exerts throughout the entire field of federal personnel administration has reached a peak during the past few years never before approached. In what directions and with what success has this influence been wielded? To what extent have the wartime developments pointed the way to permanent gains? What is the probable rôle, what the desirable one, of the Commission in the next few years? These seem to me to be questions upon which we need all the informed points of view we can marshal.
The Idea of a “Safety Belt”
Authors: Brecht Arnold
Published: May 2006

After the North Atlantic Treaty. The North Atlantic treaty, with its incorporation of the principle that attack on any one of the signatory powers will be considered an attack on all, has done more than any previous measure to strengthen the morale of Western Europe. No longer need any of the participating European countries, whether big or small, be afraid that it might be left alone in the hour of attack. Against that hour, if it should have to come, all will prepare in common.

On the other hand, it is obvious that this firm expression of the “will to defend” has gravely accentuated the dividing line between East and West. More definitely than ever, outside of the two World Wars, Europe has now realigned herself in two antagonistic camps, both heavily armed. This fact will receive further emphasis in the process of implementing the treaty. Each one of the many particular measures that will now be taken to organize and strengthen the common defense, and the concomitant increase in expenditures for armament—much more noticeable in democracies with their public discussion of all military and budgetary issues than in the silent realms of dictatorial censorship—will have the effect of a showing of teeth and rattling of sabers.
Moeller van den Bruck: Inventor of the “Third Reich”
Authors: Krebs Gerhard
Published: May 2006

In December, 1922, a resident of Berlin finished the manuscript of a book which, although far from becoming a best-seller, was destined to make history, if only through its title. The book was Das Dritte Reich, and its author, Arthur Moeller van den Bruck, was a German intellectual, then in his forties, who had a theory purporting to explain Germany's downfall as well as a vision of her recovery and return to a leading position in the world.

One may well be uncertain as to whether Moeller, had he lived, would have found himself altogether in agreement with the policies and methods of the régime for which he accidentally furnished so attractive a label, or whether he would have found himself among the dead on the morrow of June 30, 1934; but there can be little doubt that the author of Das Dritte Reich belongs among the contributors to the creed in the name of which Germany is ruled today.

Moeller van den Bruck was born in 1876 in the Rhineland, the son of a middle-class architect and Prussian official whose family went back to Lutheran pastor stock in Saxony. From his mother's side he inherited Dutch-Spanish blood and, from her Dutch maiden name, the more romantic-sounding portion of his pen name. His formal education was never completed after he was expelled from the Gymnasium at Düsseldorf as penalty for his indifference in class, resulting from his preoccupation with modern German literature (social lyrics) and philosophy (Nietzsche), which to the lad of sixteen seemed of vastly greater “social significance” than what his teachers had to offer.
Democracy and Socialism in New Zealand
Authors: Lipson Leslie
Published: May 2006

The swing to the left, discernible at present in many countries, has given a new urgency to the old problem of hyphenating the politics of democracy to the economics of socialism. What was in the past mainly a matter of theoretical discussion and parliamentary rhetoric has shifted to the stage of legislative enactment and executive application. It is worth while, therefore, to pay attention to some of the world's smaller states whose experiments over a number of decades are pointers along the path now trodden by larger nations like Britain. One of these smaller communities which has persistently moved in a socialist direction by piecemeal and peaceable methods is New Zealand.

The history of New Zealand as a state organized along Western European lines can count but a little over a hundred years. Just because of its youth, however, this nineteenth-century colony and twentieth-century Dominion has provided from its birth a fertile field for governmental activity. The discovery of New Zealand by Tasman and Cook, and to a large extent the early colonization and settlement by white immigrants, were due to public enterprise. The extension of state functions was facilitated from the beginning by the vesting of large tracts of land in the Crown, and was necessitated by the inadequacy of available private capital.
The Struggle for Electoral Reform in France
Authors: Neumann Robert G.
Published: May 2006

The French Constitution does not regulate the precise mode of election to its principal legislative chamber, the National Assembly, beyond stipulating (Art. 3) that it shall be elected on a territorial basis through direct and universal suffrage. This general provision was until recently implemented by a law which established a proportional list system based in general on the principal unit of French local government, the département.

The Assembly which enacted these electoral laws was completely dominated by the three big parties of the Left, the Communists, the Socialists, and the Popular Republican Movement (MRP). These groups favored proportional representation for a variety of reasons. First of all, devotion to proportionalism was part and parcel of left doctrine—an important point in a country in which political battles are carried out to a very large extent on the plane of ideas and doctrines. The Communists thought that PR would assure them a large representation in the dominant branch of goverment, i.e., the Assembly, while the MRP, an essentially new party without local organizations and experience with precinct work, considered it more favorable to its interests than a system in which its largely unknown candidates would have been hard-pressed in a struggle of personalities against older, and therefore better-known, men of such traditional parties as, for instance, the Radicals.
Cohesion in Legislatures and the Vote of Confidence Procedure
Authors: Diermeier Daniel , Feddersen Timothy J.
Published: May 2006

We present a framework to analyze the effects of constitutional features on legislative voting with respect to cohesion and the distribution of payoffs. We then apply this framework to parliamentary democracies and show how a prominent feature of decision making in parliaments, the vote of confidence procedure, creates an incentive for ruling coalitions to vote together on policy issues that might otherwise split them. The key feature that creates cohesive voting is the fact that votes on bills are treated as votes on who controls floor access in future periods. As a consequence, legislative majorities capture more of the legislative rents from the minority in parliamentary democracies than in nonparliamentary settings.
Hugo Grotius on Ethics and War
Authors: Forde Steven
Published: May 2006

Interest in the thought of Hugo Grotius on international law and ethics is justified inasmuch as he attempted to define a theoretical position between an idealism he thought counterproductive and an amoral realism he found unacceptable. Grotius constructed a system in which the moral authority of natural law was combined with the flexibility of human law. This required him to develop a special understanding of the nature and relation of these two types of law. In giving the law of nations, as a product of human will, the authority to suspend provisions of natural law, he provided for a code of international conduct that could permit injustice where necessary, without abandoning moral ideals altogether.
The Political Economy of Voting Rights Enforcement in America's Gilded Age: Electoral College Competition, Partisan Commitment, and the Federal Election Law
Authors: James Scott C. , Lawson Brian L.
Published: May 2006

We develop a model of electoral college competition and apply it to the transformation of nineteenth-century voting rights enforcement. The Federal Election Law (1872–92) was born of an effort to secure political power for southern blacks, yet it developed into an expansive machinery to police federal elections in northern cities. We argue that the Reconstruction commitment to black suffrage gradually succumbed to the competitive structure of Gilded Age presidential elections, crowded out by a growing preoccupation with registration and voter fraud in the volatile swing states that typically determined electoral college victory. More broadly, we view the electoral college as a critical force in shaping American political development. With its structured system of competition for doubtful states and pivotal groups, the electoral college injects a unique logic into the dynamics of national politics.
Racial Redistricting and African-American Representation: A Critique of “Do Majority-Minority Districts Maximize Substantive Black Representation in Congress?”
Authors: Lublin David
Published: May 2006

Contrary to Cameron, Epstein, and O'Halloran's article (1996), (1) racial redistricting remains vital to the election of African Americans to the U.S. House, and (2) the tradeoff between black descriptive and substantive representation is actually greater in the South than in the North. Substantive and methodological errors explain why they arrived at their findings. Specifically, their analysis ignores the effect of the presence of Latinos on the election of African Americans. Ironically, due to the very policy assessed in the article, Cameron, Epstein, and O'Halloran's data set does not allow them to examine the link between the racial composition of a district and the ideology of its representative. In addition, they do not consider that racial redistricting not only changes the aggregation of seats into votes but also indirectly boosts the Republican share of votes and seats.
The Sovereignless State and Locke's Language of Obligation
Authors: Scott John T.
Published: May 2006

Modern liberal states are founded on individual rights and popular sovereignty. These doctrines are conceptually and historically intertwined but are in theoretical and practical tension. Locke's political theory is a source for proponents of both doctrines, and the same tension that runs through modern liberal thought and practice can be found in his theory. Rather than define the state in terms of a single sovereign authority, Locke constructs a sovereignless commonwealth with several coexisting claimants to supreme authority. He rejects sovereignty as what unifies the state, and he wants to replace the discourse of sovereignty theory with a language of obligation that will help bind together the sovereignless state. This language permits its adherents to articulate the reasonable basis and limits of political power. An understanding of Locke's sovereignless state helps us better comprehend the tensions embodied in discourses about individual natural rights, popular sovereignty, and governmental authority heard in the liberal state.