bluuebunny/crossref_metadata_2025 huggingface dataset:
The First State Constitutional Conventions, 1776-1783
Authors: Dodd W. F.
Published: May 2006

The distinction between constitutions and statutes is a fundamental one in American constitutional law, but it is a matter of surprise that no one has yet attempted to discuss this distinction in its historical origins. Brinton Coxe in his Judicial Power and Unconstitutional Legislation has traced the development of the doctrine that statutes in conflict with the constitution may be declared invalid by the courts. Judge J. A. Jameson in his Treatise on Constitutional Conventions has given a brief account of the adoption of the first State constitutions; but no one has yet studied the adoption of these constitutions in order to find what were the theories of their framers as to the distinction between constitutions and statutes.

By the term constitution, as used both in England and America before the Revolution, was understood the general and more permanent principles upon which government is based. The term was used on both sides of the Atlantic to signify something superior to legislative enactments, and the principles of the constitution were appealed to as beyond the control of the British parliament.
The Initiative, The Referendum, and The Recall: Recent Legislation in the United States
Authors: Schaffner Margaret A.
Published: May 2006

To make representative government more representative is the problem of today. The gradual process of social evolution has changed the industrial basis upon which our political institutions rest, and the increased complexity of our social organization has made the expression of the popular will more difficult. As readjustment to changing conditions is the requisite for any advancing type of life, so political progress becomes impossible unless new agencies are developed to be retained or discarded as experience may warrant.

Among the agencies for political expression, few have made more remarkable progress in the history of recent legislation than the initiative, the referendum, and the recall. State wide referendums for the adoption of State constitutional, and local referendums for local affairs, are familiar institutions in the United States, but it is only within recent years that our States have begun to adopt the initiative and the referendum for State legislation.
Constitutional Developments in Foreign Countries During 1910
Authors: Dodd W. F.
Published: May 2006

In the summary of foreign constitutional developments, published in this Review for August, 1910, some attention was paid to the movements in Hungary and in Prussia for an extension of the suffrage. With respect to these movements it is sufficient now to say that nothing has yet been accomplished. In Prussia there seems to be no immediate prospect of reform; and the Prussian government, relying as it does for support in the Landtag upon the conservative parties which would suffer through an electoral reform, has declined to bring forward any further proposal for the liberalizing of the suffrage. In Hungary the Khuen-Héderváry ministry won the election of June, 1910, largely upon the program of electoral reform, but no project has yet been presented, and the delay is explained on the ground that it is necessary to await the results of the new census which was begun early in 1911. Although no announcements have been made it now seems that Count Andrássy's plan of plural voting will be abandoned, and that the “Magyar character of the Hungarian state” will be preserved by a scheme of apportioning members of the house of representatives in such a way as to give the Magyars a greater power than their numbers would justify.
First Session of the Sixty-Ninth Congress: December 7, 1925, to July 3, 1926
Authors: Macmahon Arthur W.
Published: May 2006

The regular long session of the 69th Congress met in December to harvest the legislative fruits of the Republican victory of 1924, then almost too well dried by thirteen months' standing and a little damaged by some bad weather in the special session of the Senate. The spirit of quiet husbandry, almost bereft of partisanship, was signalized by the enactment of the Revenue Act of February 26, 1926, which at last virtually realized the oft-frustrated “Mellon plan” of tax revision. Within two months, however, the propitious, if hardly exciting, skies that looked down on these early scenes were darkened, and an almost dramatic transition from sunshine to the shadow of farm-relief perplexities and the distant thunder of the oncoming primaries invested the session with other points of interest besides its industry and output.
The New York Direct Primaries Bill of 1909
Authors: Ludington Arthur
Published: May 2006

The system of direct primaries for New York state proposed in the Hinman-Green bill (Senate, Int. 722; Assembly, Int. 1219) and advocated by Governor Hughes contains certain features which have never been embodied in the primary laws of any other state. The friends of direct primaries in New York have been sharply divided in opinion as to the merits of these features, some considering them an unfortunate compromise, designed to win the support of the party machines, and others regarding them as marking an advance over any primary law heretofore enacted. An outline of the bill and of the discussion which it has aroused, may be of interest to students of direct primaries in other parts of the country who have not had occasion to follow the New York situation in detail.

The more novel provisions of the bill center about the method of proposing candidates for nomination to public office. Under most of the direct primary laws now in force the names of candidates for nomination are placed upon the official primary ballot by petition. Sometimes a declaration of candidacy by the candidate himself is all that is required—except for the payment of a fee, which is occasionally demanded under both systems. Under the Hinman-Green bill there will be two methods by which candidates for nomination may be proposed—or, to use the language of the bill itself, “designated”—and their names placed on the official primary ballot. The first method is by a majority vote of one of the party committees specially provided for in the bill; the second is by petition.
Electoral Reform in France and the Elections of 1919
Authors: Stuart Graham H.
Published: May 2006

Unusual interest attaches to all of the continental elections of recent months—the first to be held after the long postponements caused by the war; but the elections in France derive special importance from the new electoral law of July 12, 1919, under which they were held.

After a nine-year contest, the elements which have demanded scrutin de liste, or election on a general departmental ticket, instead of scrutin d'arrondissement, or election by small districts, have come off victorious. Each of the two systems prevailed at various times during the Restoration, the Second Republic, and the Second Empire.
Sub-Committees of Congress
Authors: French Burton L.
Published: May 2006

Much has been written of the mechanics of legislation in the Senate and the House of Representatives, and of the work performed by the committees of the Senate and the House. Little attention, however, has been paid to the sub-committees of Congress notwithstanding the fact that sub-committees perform a highly important function in legislation.

The Senate and the House are both such large bodies that it is imperative that the work of the bodies be handled initially through numerous committees. In the Senate there are seventy-four standing committees. In the House there are fifty-eight. The very reasons that make it advisable that committees be appointed at all in the Senate and in the House, make it desirable in certain cases that the work of the committees be even further sub-divided as occasion may warrant. When the work assigned to a standing committee of Senate or House is of a definite character that admits of practically no division, or when the committee itself of either body is small and appointed to have immediate consideration of a particular subject, the ordinary procedure is for the full committee to handle its work, without attempting to call upon members of the committee to act as a sub-committee, with the exception of sub-committee work in performance of a perfunctory duty, or, in the preparation, for instance, of a report where one member can prepare it far more expeditiously than could three members, five members, or the full committee.
Tendencies Toward Ministerial Responsibility in Germany
Authors: Shepard Walter J.
Published: May 2006

When asked, “How far do you regard the present constitutional system of the Empire final?” Bismarck is said to have replied, “Final it is not. Doubtless we shall pass through the stages which you in England have passed through. But it will be a slow, gradual process, and we cannot foresee the direction which development will take.” That judgment expresses a strong belief in the evolution of constitutional government,—an evolution, moreover, which in general must follow the course of English political development, but which will doubtless unfold very slowly and reflect in its details the influences of special circumstances and local tendencies. To the general propositions which the Iion Chancellor stated, the student of comparative political institutions must give assent. Ever more clearly are we coming to see that the changes in the forms and organization of governments follow an orderly, developmental sequence.

The belated evolution of parliamentary government in Germany is entirely explicable from the peculiar centrifugal forces which prevented absolutism, in the seventeenth and eighteenth centuries, from accomplishing its great mission of national unity. That work was left to the nineteenth century. The results of the Revolutionary and Napoleonic era were; first, the widespread acceptance of the most advanced doctrines of constitutionalism and the adoption, in most of the smaller states of Germany, of constitutions more or less closely modeled on the French Charte; and, second, the dissemination of the idea of German national unity as the only secure protection against foreign aggression.
Government in Spanish America
Authors: Moses Bernard
Published: May 2006

Although the events of the recent Mexican tragedy cannot be seen today in as clear light as that which will be thrown on them for the next generation, still the political history of the communities established by Spain in America furnishes a certain measure of enlightment. This history seems to indicate that the Spanish colonies were unfortunate in that the government of the United States, in its early decades, appeared to them as a desirable model for the Spanish-American states that were created after the war of independence. The English colonies, left to themselves, had a normal development along lines determined by their environment and their inherent social forces. The Spanish colonies, founded by authority, were developed under a protective system designed to subserve the interests of Spaniards. The disappearance of the Indians before the invading English cleared the field for the democracy that was produced by the colonial conditions of the frontier. The incorporation of the Indians as a subordinate class in the colonial society of Spanish America, and the creation, by royal authority, of a titled nobility made democratic states impossible.
The Removal of Judges by Legislative Address in Massachusetts
Authors: Frothingham Louis A.
Published: May 2006

While there are many noteworthy and liberal provisions in the constitution of Massachusetts, there is one of particular interest, especially at the present time, because of the wide discussion accorded the subject with which it deals. This is a provision relating to the removal of judges, and declares that a judge of any court in Massachusetts may be removed by the governor and council on an address of the legislature. When Colonel Roosevelt said in his famous speech before the Ohio Constitutional Convention at Columbus, in speaking of the recall of judges, that he favored such a drastic method of removal as was embodied in the Massachusetts constitution, many people opened their eyes in amazement. Few, of course, had ever heard of removal by address, and fewer still, if they had heard of it, understood what was meant. Their surprise was entirely natural inasmuch as no case of removal by address has taken place in Massachusetts for more than a generation.
New York City Election
Authors: Dawson Edgar
Published: May 2006

In 1913 a Fusion committee of Republicans and independent Democrats nominated and secured the election of the recent New York City administration. Mr. Mitchel, the mayor, was elected by a large majority partly because of the death of one of his opponents, Mr. Gaynor, just before the election took place. It is probable that Mitchel would have been beaten but for this event. On November 6 last, the city voted to substitute for this Fusion administration one made up wholly of Democrats, and almost wholly of the nominees of Tammany Hall. Hylan, the Democratic candidate, received 297,000 votes; Mitchel, 149,000; Hillquit, Socialist, 142,000; and Bennett, organization Republican, 53,000. The ballot used was of the office group type, with party emblems. Twenty-two other offices, in addition to that of the mayor, were filled at the same election, and the voting for other offices seems to have been fairly consistent with the support of the candidates for the post of mayor. The form of the ballot does not seem to have had any appreciable effect on the result; and it is doubtful whether preferential voting in this case would have changed the result in a single case.
The Substitution of Rule for Discretion in Public Law
Authors: Freund Ernst
Published: May 2006

The course of recent legislation for the regulation of commerce, trade and industry has created the impression that there exists a tendency in our law to transfer powers of determination from the courts which act according to fixed principles to administrative commissions or officials vested with large discretionary powers.

Considering that normally the progress of law should be away from discretion toward definite rule, such a tendency should receive the most careful examination. The first inquiry should however be whether and to what extent the impression is substantiated by facts.

The advent of the new administrative power is in the public mind associated chiefly with public utility and industrial commissions first created for the control of railroads, for the earlier powers over banks and insurance companies, as well as those of medical and other licensing boards, attracted relatively little attention or comment.
Looking Toward 1932
Authors: Myers William Starr
Published: May 2006

It is an old axiom, replete with common sense, that there is no more uncertain field for prophecy than that of practical politics. This is especially true when any forecast must be made fourteen months ahead of time. All that the observer of contemporary American politics may do is to sum up, as far as possible, the existing state of affairs, and then make a series of guesses as to what may eventuate. This present article is written with these conditions in mind, and should be read in the same spirit.

The present political situation would appear to be as follows. Normally, there are at least five million more Republicans than Democrats in the country. This is in large part due to the secession from the Democratic party in 1896 of large numbers of young men, just entering upon adult life or experiencing their first taste of business and finance, who were hostile to the late William J. Bryan and his “free silver” theories. These young men later were added to in large number by the strong, dominant, and attractive personality of Theodore Roosevelt, who typified to them the American spirit. Also the great, underlying influence of economic expansion, the financial and business domination of much of our national life, and the frank acceptance of these conditions by the Republican leaders of the first decade of this century strengthened and accelerated this movement in favor of the “Grand Old Party.” The young men of that time, now grown to middle age and national leadership in many walks of life, are the backbone of the financial support of the party today. And they have brought up their children to the same political allegiance.
The Time of Meetings of Congress
Authors: Brown Everett S.
Published: May 2006

In public discussions of the proposed Norris “lame duck” amendment, and in demands by members of Congress for special sessions to meet temporary emergencies, the fact is often overlooked that Congress itself has the power to regulate the time of its meeting. The fourth section of Article IV of the Constitution provides: “The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.” Under this provision, the much-criticized rush of bills in the short session could easily be averted by an act convening Congress at an earlier date than the first Monday in December. So, too, a Congress whose final session was coming to a close could provide that its successor should meet immediately, instead of waiting until the following December. A Congress desirous of a special session on a problem like unemployment could call such a session irrespective of lack of action by the President, provided it could command a majority sufficient to over-ride a possible presidential veto. Of course such action could be taken only while Congress was in session, because, under the provisions of the Constitution, the President is the only person who, between sessions, is empowered to call special sessions.

These statements are not the result of theoretical speculation, but rest firmly on the facts of our legislative history. Prior to 1821, no fewer than eighteen acts were passed by Congress appointing a different day for its meetings from that stipulated in the Constitution. Before referring to these acts more in detail, it would perhaps clarify matters somewhat to recall to mind how March 4 was decided upon as a limit of presidential and congressional terms. Article VII of the Constitution provided that the instrument should go into effect when ratified by nine states. This was accomplished on June 21, 1788.
Minority Control of Court Decisions in Ohio
Authors: Maddox W. Rolland
Published: May 2006

The experience of Ohio with the requirement of concurrence of an extraordinary majority of the Supreme Court to declare a statute invalid is an illuminating commentary on the desirability of such a restriction. Much has been spoken and written on both sides of the question. Those who have seen laws embodying worth-while reforms invalidated by the courts, many times by bare majority decisions, have campaigned for a curtailment of the judicial prerogative. Publicists have expatiated on the evils of the situation. Textbook writers have embodied the arguments in their discussions. Teachers, it is to be feared, have quite glibly enlarged upon the necessity of unseating our “judicial obligarchy.”

The late President Theodore Roosevelt, addressing the Ohio constitutional convention in 1912, urged that body to propose an amendment providing for the recall of judicial decisions. He failed to convince the convention of the desirability of his remedy, but he succeeded in creating a feeling that something must be done; and an amendment to the judiciary article was adopted, reading as follows: “No law shall be held unconstitutional and void by the Supreme Court without the concurrence of at least all but one of the judges, except in the affirmance of a judgment of the court of appeals declaring the law unconstitutional and void.” Since the Supreme Court is composed of a chief justice and six associate justices, the restriction amounts to a requirement of the concurrence of six justices in decisions of this kind.
The Swiss National Council Elections of 1931
Authors: Gosnell Harold F.
Published: May 2006

On October 24 and 25, 1931, the Swiss voters selected the members of their National Council for the next four years. The election was of unusual importance because the world-wide depression has created an economic crisis in Switzerland. Unemployment has been increasing, banks have been failing, and the national government has been piling up a deficit. A flood of candidates were in the field for the 187 seats now in the National Council (11 less than in the outgoing Council). Of the total of 740 candidates, 193 were nominated by the Independent Democrats, 141 by the Catholic Conservatives, 152 by the Socialists, 85 by the Peasants, 28 by the Liberal Democrats, 77 by the Communists, and 64 by the minor parties.
States versus Nation, and the Supreme Court
Authors: Field Oliver P.
Published: May 2006

The Supreme Court of the United States has been as impartial an umpire in national-state disputes as one of the members of two contending teams could be expected to be. This is not to impugn the wisdom or the fairness of the Supreme Court, but it is to say that the Supreme Court has been partial to the national government during the past one hundred and forty-four years of our experience with a federal system in the United States. The states, as members of the federal system, have had to play against the umpire as well as against the national government itself. The combination has long been too much for them.
The Economic Factor in the Roosevelt Elections
Authors: Ogburn William F. , Coombs Lolagene C.
Published: May 2006

It seems to be generaally agreed that Franklin D. Roosevelt is very unpopular with the wealthier groups in society and that he is held to be a very warm friend of the poor. Indeed, it is sometimes asserted that no president since Jefferson has so divided the voters along economic lines as has Roosevelt. Popular opinion on this subject, as on many others, is likely to be exaggerated. In any case, it is well to check by measurement the idea that the rich are against Roosevelt and the poor are for him. This has been done in some of the sample polls. For instance, Fortune finds that the prosperous present about 15 to 20 per cent more opposition to Roosevelt than is found among the poor. Similarly, the Gallup polls have found over twice as much opposition to Roosevelt among the upper third of the population as among the lower third. Where these surveys of opinion on Roosevelt have been presented by social classes, there has been shown, in accordance with popular opinion, this division between the rich and the poor in their attitude toward Roosevelt. But the percentage difference is not quite so large as might be expected.

This difference between the rich and the poor in attitude toward Roosevelt became accentuated around the middle of his first term. It is interesting to inquire into the extent to which those of the lower income groups voted for Roosevelt in 1932 and in 1936.
The “Merit System” Again
Authors: Cole Kenneth C.
Published: May 2006

Of the various proposals embodied in the recently published Report of the President's Committee on Administrative Management, that calling for extension of the merit system has received most publicity. This publicity has been generally favorable, and, in the opinion of the present writer, undiscriminating. Everyone agrees that appointments to the public service should be based upon merit of some kind. The pertinent questions are: First, should the sort of merit represented by party service be given any consideration in the public service? Second, assuming that it should not, how is the sort of merit connoted by efficiency in doing the particular job assigned to be secured? Any proposal to extend the merit system which fails to tackle these questions unequivocally is hardly entitled to unqualified support.
The Use of Atrocity Stories in War
Authors: Wilcox Francis O.
Published: May 2006

Modern warfare is waged on at least four fronts through the coördinated efforts of military, economic, diplomatic, and progaganda weapons. Not the least of these is propaganda. Conscious as never before of the catastrophic effect of war upon humankind, the people of a nation must be convinced, before they can be called upon to make the supreme sacrifice, that they are fighting in the name of Truth and Right. It is desirable, therefore, to portray the enemy as a wicked, murderous aggressor, a fit subject for the collective hatred of the state. Once a people become convinced of the blamelessness of their own government and aroused by a spirit of righteous indignation against the enemy, the problem of motivation becomes much easier.
The Critical Problems of Canadian Federalism
Authors: Brady Alexander
Published: May 2006

Canadian federalism in recent years has been passing through the sharpest crisis in its history, a crisis which emerges out of its legal structure and the new financial strains to which it has been subjected in the decade of depression. The appointment in 1937 of a Royal Commission to investigate extensively federal and provincial relations was a tardy recognition by the government at Ottawa that the complex economic and constitutional problems of the Canadian state require thorough study, and informed treatment on the basis of such study. In an article necessarily brief, the background to the malady of the federal system can be sketched in only the broadest outlines.
Organization of the Executive Branch of the National Government of the United States: Changes Between April 16 and July 31, 1936
Authors: Schmeckebier L. F.
Published: May 2006

As in previous lists, mention is here made only of units specifically authorized by law or established by the President by executive order under general authority vested in him.

Accident Prevention Conference. Public Act No. 629, 74th Congress, approved May 28, 1936, authorizes an appropriation for the “furtherance of the work of the accident prevention conference,” to be expended under the direction of the Secretary of Commerce. The Conference met at the call of the Secretary of Commerce early in 1936, but it is not, speaking strictly, a government agency. The appropriation authorized may be used for “fostering accident-prevention work on the part of organizations engaged in the promotion of safety and accident prevention; preparation and printing of material designed to enlighten the general public in matters of safety and accident prevention, such material to be disseminated through schools, newspapers, magazines, the radio, or any other means of intercourse or communication; the preparation and attempts to obtain enactment of uniform vehicle regulations in the several states; clerical assistance for the members of the General Committee of the Accident Prevention Conference; travel expenses incurred by members of the General Committee of the Accident Prevention Conference in the furtherance of the work of said conference.”
Organization of the Executive Branch of the National Government of the United States: Changes between June 1 and September 30, 1939
Authors: Schmeckebier L. F.
Published: May 2006

As in previous lists, mention is here confined generally to units specifically authorized by law or established by the President by executive order or Reorganization Plans under general authority vested in him. Changes in units created by heads of departments or independent establishments are excluded unless of major importance.

Administrative Office of the United States Courts. Created by Public No. 299, 76th Congress, approved August 7,1939, effective 90 days thereafter. This office has charge of all administrative matters relating to the offices of clerks and administrative personnel of the courts, the disbursement of appropriations, and the preparation of budget estimates; this work having been formerly in the Department of Justice.
The Most-Favored-Nation Policy in Relation to Trade Agreements
Authors: Sayre Francis B.
Published: May 2006

The virulent disease which has been attacking and crippling international trade, particularly since 1929, has manifested itself in two different forms. The one is mounting trade barriers, which tend to fence off nation from nation and thus effectively to check the flow of world trade. The other is the practice of discrimination, which nations are using in increasing degree to force markets out of the hands of their competitors or to gain political advantage of one kind or another. If economic stability is to be won and the peace of the world to be made secure, it is just as necessary to overcome the one as the other.

The Trade Agreements Act was passed by Congress for the purpose “of expanding foreign markets for the products of the United States.” It is clear that the accomplishment of this purpose necessitates a program with a two-fold objective. The program must seek, first, the reduction or elimination of excessive trade barriers; and second, the elimination of trade discriminations.
Methods of Appointment and Training in the British and Dutch Colonial Civil Services
Authors: Mills Lennox A.
Published: May 2006

The British colonial services include the government appointments in the tropical African colonies, British Malaya, Hong Kong, Ceylon, the islands in the Western Pacific, and occasional vacancies in Cyprus and Palestine. The services fall into two groups, the Administrative and the Specialized or Technical Services such as police, education, medical, engineering, agriculture, forestry, and irrigation. The Administrative Service includes virtually all appointments concerned with the formation or supervision of policy from the probationer at about $2,000 to the colonial secretary whose salary varies between $7,000 and $13,650 according to the importance of the colony.
Unconstitutional Legislation by Congress
Authors: Field Oliver P.
Published: May 2006

The paragraphs that follow answer the same questions with respect to unconstitutional legislation by Congress that were answered with respect to unconstitutional legislation in the ten states (Colorado, Massachusetts, New Hampshire, Minnesota, Wisconsin, North Dakota, South Dakota, Illinois, Indiana, and New York) included in my study published in 1943 under the title, Unconstitutional Legislation in Ten Selected States. The congressional statutes and the decisions of the Supreme Court analyzed herein are based upon the list found in Professor Charles Grove Haines, The Doctrine of American Judicial Supremacy. The reason why this list was chosen as the basis for analysis was that it covers approximately the same period, namely, from the beginnings to the early thirties, not including the period of the New Deal which formally began in 1933. This does not mean that there is no point in analyzing the later statutes and decisions, but that for purposes of comparison it was thought safer to restrict this analysis to the same general period for both state and national materials. The three cases under No. 1 in the Haines list have been omitted because no decrees based on invalidity followed their decision.
Streamlining the Arms Program
Authors: Hall Marian Drake
Published: May 2006

“Industrial management” and “efficiency engineering” have become by-words in private business; in the field of public administration, we hear of “control.” The second World War has given great impetus to the development of effective practices in “management” or “control” in government departments.

As soon as the news of Pearl Harbor electrified the United States, armament production was expanded overnight to the limit of the country's resources. Pursuant to the defense program, the Department of War constructed not only many munitions plants, the great majority of them operated by private concerns under cost-plus-fixed-fee contracts, but also numerous storage depots and other installations owned by the Department of War and operated for the most part by its Ordnance Department, a division of the Army Service Forces.

During the initial months of the war, the problem uppermost in the minds of those who were directing the nation's defense program was how to achieve mass production of arms—a goal doubly difficult to reach because of the need of using entirely new techniques of manufacture. Not until the problem of quantity production was solved could attention be concentrated on obtaining maximum efficiency in operations. Swift expansion in any productive activity will by its very nature arrive at that point of unwieldiness where streamlining becomes imperative. Furthermore, because of the labor shortage, which grew more acute with the induction of increasing numbers of young men into the fighting forces, consideration of the efficiency of war plants early became mandatory.
IV. Civil Liberties
Authors: Cushman Robert E.
Published: May 2006

Before Pearl Harbor, many thoughtful persons believed that civil liberty in this country could not survive our participation in another world war. Today, civil liberty enjoys a vitality which even the optimist had hardly dared hope for. There are several reasons for this.

First, since the last World War the American people have become “civil liberty conscious.” That war found us totally unprepared to deal with our sudden problems affecting civil liberty. Our legislatures had no experience in drafting, or our executive officers in enforcing, emergency restrictions upon free speech and press. Our trial courts faced new and difficult civil liberty questions with no established principles, no relevant Supreme Court decisions, to guide them. Since that time, the Supreme Court, in nearly a score of important decisions, has interpreted and strengthened our constitutional civil liberties. As a nation we are wiser; the costly mistakes of the last war have been thoroughly aired, and there is a healthy intention that they shall not be repeated.

Second, the complete suppression of civil liberty in Axis-controlled countries has been a shocking and impressive object-lesson. We are forced to consider whether the witch-hunter and the “patrioteer” who would arbitrarily suppress minority opinion may not have much in common with the Nazi.
Power Politics and World Organization
Authors: Herz John H.
Published: May 2006

Le Pouvoir est la manifestation supreme de la peur que l'homme fait à luimême par ses efforts pour s'en libirer. Là est peut-être le secret le plus profond et obscur de l'histoire. Ferrero, Pouvoir, p. 43.

The current discussion of a future world order has made it plain that the problem of coming international relations is of a magnitude surpassing even that of winning the war. It is not intended here to add to the rising tide of concrete plans in this field, but rather to elucidate certain proposals in the light of some basic features of the present system of international relations and, starting from a clearer picture of what is, to seek to discriminate between what is desirable and undesirable, possible and utopian. Wrong concepts of the forces underlying the present system have too often produced “peace plans” built on the sands of wishful thinking, and therefore bound to be wrecked on the rocks of reality. Disappointment caused by the failure of ill-conceived devices, in turn, is apt to produce a “realism” which ridicules any attempt to discuss international relations in terms of a possible evolution toward a more integrated stage.

Power, in modern international relations, has been the ultimate means of deciding issues and adjusting relationships among the units constituting international society. The states have regarded themselves as “sovereign” entities, not subordinated to any superior political power nor guided in their power politics by considerations of an a-political, i.e., power-alien, nature.
The League of Nations Covenant—1939 Model
Authors: Myers Denys P.
Published: May 2006

Any constitutional instrument is subject to strains and stresses by reason of demonstrated inadequacy or omission at some times, and of failure to reflect the current state of mind of its constituents at others. The Covenant of the League of Nations, which is by way of a constitutional instrument in the hitherto unoccupied field between independent states, has had reputations as diverse as that of a straight-jacket and an empty sack. In the end, most of the waves of sentiment arrive at the customary human dilemma, that the trouble is not so much with the mechanism as with its human operators.

The League of Nations has had a hectic existence for an institution just emerging from its teens. Its first ten years were a series of easy successes, but the eight years just past have confronted it with problems too tough for the morale of its members; or problems have been kept away from it because, if it cut at all, it would likely come too close to the quick.

After this period of confusion, the members of the League, at the 19th session of the Assembly, took a series of actions to make the Covenant more useful to them. Resolutions of September 30, 1938, dealt with the question of the so-called separation of the Covenant from the peace treaties by approving amendments in the Preamble and Annex and Articles 1, 4, and 5 of the Covenant; and by interpretation with the procedure under Article 11, par. 1; the obligations under Article 16; and collaboration of the League and non-member states. Whether or not these decisions make any actual change from recent practice, the meaning of the Covenant is the clearer because of them, and its application will be more certain when the occasion arises.
Government Pamphlets on the War
Authors: Wilcox Francis O.
Published: May 2006

In a democracy, understanding is an essential ingredient of intelligent action. We the people cannot be expected to play our proper rôle in the drama unfolding before us today if we are not kept informed about the why and the how of the war. We ought to know our enemies, and their mad dream of world conquest. We ought to know our Allies and the sacrifices they are making to win a war which we could never have won without their help. We ought to know what we as individuals can do to bring our enemies to their knees more quickly. And finally, we ought to know something about the things we are fighting for. In the words of Mr. Elmer Davis, director of the Office of War Information, “This is a people's war, and to win it the people should know as much about it as they can.”

To help “facilitate the development of an informed and intelligent understanding … of the status and progress of the war effort”—according to the executive order creating the OWI—the federal government has utilized five main media: motion pictures, the press, radio, graphics, and face-to-face discussion. While reaching a more limited audience, government pamphlets have served as an invaluable sixth medium. A review of a select list of the pamphlets about the war on the world front may be of particular interest to political scientists for two reasons: (1) the publication and distribution of such pamphlets is one important phase of the wartime activities of our government; and (2) they are an excellent source of information for teachers and other community leaders upon whose shoulders has fallen much of the responsibility for keeping our people informed about the war.
VI. The Brazilian Program of Administrative Reform
Authors: Reining Henry
Published: May 2006

The régime of Getulio Vargas has in the past fourteen years wrought a major transformation in the national government of Brazil. A vast centralization has taken place whereby the states' rights direction of the post-Empire period—1889–1930—was reversed and both the states and the municipalities were brought under control. New ministries and other national organs were created. A merit system was established and a public service organized. The national administration has been integrated both structurally and by means of central management agencies.

These sweeping changes have come rapidly, mostly in the past five years. There is added interest for people in the United States of America because the precedents have been taken from the theory and practice of this country. It will not be possible to present in this brief paper more than a summary of the Brazilian administrative reforms.
I. A Practical Approach
Authors: Murray James E.
Published: May 2006

America has triumphed in the greatest war in all history, but we have yet to face the major enemy at home—unemployment and all the tragic waste and misery occasioned by it. By now it is hardly necessary to stress the grim fact that unemployment is a real threat. We have seen the first impact of demobilization and reconversion in many areas of the nation, especially in communities where aircraft and shipbuilding industries boomed in wartime. Some measures have been taken to cope with these short-run difficulties, and others are now under consideration. But the real danger lies beyond the present demobilization period. Fear has been creeping into the heart of all America—our returning soldiers, our war workers, our young graduates facing an uncertain future, our older and handicapped workers—a fear that relates to what will happen as things get back to “normal.” The dread lies in the word “normal.”

We know, of course, and we are constantly being reminded, that for a while one may expect activity of boom proportions—that those who have saved during the war will be purchasing the cars and radios and refrigerators that they have gone without for years, that agricultural and other exports to the devastated world abroad will be at a record peacetime high, that producers will be spending feverishly to restock inventories and replace worn-out capital equipment. However, these are temporary factors which will end all too soon. Nobody has forgotten that they quickly petered out after the last war. When backlogs at home and abroad have been filled, the postwar bubble will burst.
Constitutional Law in 1948–1949
Authors: Harris Robert J.
Published: May 2006

There were no changes in the personnel of the Court while it was in session, but the deaths of Justices Frank Murphy and Wiley Rutledge during the summer adjournment marked the 1948 term as the last to be dominated by an overwhelmingly preponderant majority of judges appointed by Franklin D. Roosevelt. Justice Murphy's death occurred on July 19, 1949, soon after the adjournment of the Court on June 27. He took his seat on the Court on February 5, 1940, as the successor to Pierce Butler. Justice Rutledge died on September 10. He was the last of President Franklin D. Roosevelt's appointees to the Supreme Court. He was appointed on February 11, 1943, to succeed James F. Byrnes. The passing of these jurists may have been the most significant events as regards constitutional interpretation that occurred during 1948–1949.
The Influence of Metropolitan Party Pluralities in Presidential Elections Since 1920: A Study of Twelve Key Cities
Authors: Eldersveld Samuel J.
Published: May 2006

In recent years, party theorists have been much concerned over the validity of the sectional interpretation of American politics. One contention is that sectionalism, if still valid, is being modified, or supplemented, by an urbanrural party alignment which bodes major change for the future. This intuition is of comparatively recent vintage, certainly not a product of the study of political trends before the New Deal, although one writer has attempted to construe a specific earlier election in terms of the tension between urban and rural areas. In the 1920's, however, most analysts decried the urban-rural thesis. Professor Holcombe, writing in 1924, asserted that “whatever may be the cause of the existing partisan alignment in national politics, it is not primarily a conflict between rural and urban interests.” And Stuart Rice concluded in 1928, after specialized studies of voting trends, that “antithetical” facts belie any interpretation of urban-rural election divisions which suggested a clearly defined cleavage.

The literature on this subject which has appeared since 1932, however, has persistently suggested a new urban-rural modification of the pattern of presidential politics. In 1933, Professor Holcombe commented on the “radically different … urban politics of the future.”
Hegemony and International Law
Authors: Kruszewski Charles
Published: May 2006

In the titanic struggle for leadership in Europe, Great Britain is resisting the most formidable challenge to her supremacy. For centuries, her principal foreign policy was to prevent any establishment of hegemony over the entire European continent. After the first World War, British statesmen, however, were convinced “that they could no longer bear the burden of regulating world affairs alone. They urged a League of Nations…. But national sovereignties were no more prepared to collaborate in a democratic world organization than they had been to submit to British domination. Thus, instead of the League of Nations succeeding to the British imperial hegemony, the world fell into anarchy in a new struggle of several states, each striving to become the dominant Power.”
A Job Analysis of Political Science
Authors: Gaus John M.
Published: May 2006

Sentiment alone does not send my thoughts back to the first meeting of the Association which I attended—that held in Washington in December, 1920, a quarter of a century ago. You will have no time for that, although, perhaps, entry into a guild and fellowship has its appropriate niche for each of us, and so in some measure plays a collective rôle. The times and circumstances then and now, however, have useful common elements; both meetings followed and follow a world war; both reflect an atmosphere of exhaustion and of worry, of unsettlement, and also of new challenges to effort in the reshaping of things.

But lately I have been recalling particularly words spoken at that earlier meeting by the then Secretary of War, Newton Baker, when he addressed the assembled Associations. Some of you will remember how vividly he described an episode in an American offensive in France, when he stood beside the commanding officer in a small hut, the maps and charts before them, and messages poured in as the hour of assault arrived and the troops moved forward. After a time came an appeal from an advanced unit requesting the barrage to be lifted, as their objective was won. The commander studied the maps and charts. “Continue the barrage,” he ordered; “we cannot yet have reached that point.” Later, after the battle was over and prisoners were being questioned, the message was traced to an enemy officer who had thus tried to trick the Americans and had faked the appeal. Secretary Baker drove home his point.
Post-War Municipal Elections in Great Britain
Authors: Robson William A.
Published: May 2006

The interest and significance of the postwar municipal elections held in Britain can best be appreciated if they are seen against wartime conditions on the one hand and the reconstruction tasks which confront local authorities on the other.

In England, as elsewhere, local government was designed to promote the arts of peace. But for six years during World War II it was asked to shoulder burdens of the most formidable kind directly connected with the war effort. The decision to make local authorities responsible, under the guidance of the Ministry of Home Security and its regional commissioners, for the complex of functions comprised under civil defense was a momentous one. Never before in Britain or any other country had local authorities been asked to undertake a task of such magnitude and importance as that of providing air-raid shelters, wardens and fire-guard posts in almost every street, gas decontamination centers, light and heavy rescue squads, evacuation schemes, emergency feeding and reception centers for those rendered homeless by enemy air attack, furniture stores, rest homes, a first-aid repair service for houses, and various other items of this kind.

The Ministry of Food placed heavy duties on both local-government officers and councilors in connection with food control and rationing; and local authorities provided cheap restaurants and canteens on a large scale. The Ministry of Fuel and Power drew largely on the resources of municipal administration in appointing local fuel overseers and their staffs for regulating the distribution and consumption of solid and liquid fuel.