bluuebunny/crossref_metadata_2025 huggingface dataset:
Individual Claims to Social Benefits, II
Authors: Clark Jane Perry
Published: May 2006

Since officers who conduct hearings in benefit procedures are given so much latitude and are so free from any leading-strings of a court process, it is of the essence not only that they possess a judicial attitude of mind but that they be keenly alive to the social implications of their work. In 1929, the New York Industrial Survey Commission wrote: “Referees are in every essential judicial officers; and they should be, so far as is humanly possible, above suspicion of improper practices, political or otherwise. They should be persons of mature judgment and be skilled in law—not alone the Compensation law—for they touch many and various points of law not comprehended within the language of the Compensation law. They should be trained in the value of evidence, and they should know the rules of evidence even though they are not obliged to apply them in compensation hearings.”

It is safe to speculate that if the above had been written in 1941, it would have contained more emphasis on the social viewpoint needed by referees. They must realize that on them depends to a large extent the difficulties accompanying denial of benefits which not only may cause serious hardship to individuals but may even have repercussions of the utmost importance in the community at large. Thus referees conducting hearings are supposed to have a kind of partisanship toward the law, in that they must constantly remember that its aim is to secure payments to all qualified claimants, not merely to decide the merits of a dispute between two opposing parties. Nevertheless, an attitude which is supposed to resolve doubts in favor of a claimant as required by the compensation law does not negate a judicial frame of mind in deciding the merits of a disputed claim.
Second Session of the Seventy-fourth Congress, January 3, 1936, to June 20, 1936
Authors: Altman O. R.
Published: May 2006

The high command of the present Administration stipulated that all controversial reform legislation on the President's “must” list should be enacted during the first session of the Seventy-fourth Congress, leaving for its second meeting only the inevitable appropriation bills and whatever measures the exigencies of politics and government might make necessary. In accordance with this strategy, the President compelled Congress to remain in Washington until late August, 1935. When the legislators reassembled last January, there was common agreement that the second session would be brief, the “bonus” paid to the exservice men, routine administrative bills enacted, and that the members would then dash off to the quadrennial political war. After a White House conference, the House majority leader, Mr. Bankhead, announced that “the President wants as short a session as possible consistent with the public interest and any eventualities that may arise, caused by possible decisions of the Supreme Court affecting New Deal legislation.” Within a week the high court had invalidated the New Deal farm program and set in motion forces which could be depended upon to prolong and make turbulent the Congressional session. Throughout its duration, debate raged over implications of the separation of powers doctrine. Prominent Democrats asserted that the courts had exceeded their authority in nullifying certain acts passed by the representatives of the people. The Republican orators, on the other hand, generally welcomed the judicial check on the legislative branch but bewailed the “supine surrender of Congressional prerogatives to Executive dictation.” The inexorable rules of politics in an election year preordained that political considerations be given prominence in every legislative deliberation. Thus, directed by the President, pushed by organized minorities, challenged by the Supreme Court, tormented by fear of electoral repulse, our legislators stumbled unhappily through a hectic session.
Proposals for Governmental Reorganization in the Los Angeles Metropolitan Area
Authors: Story Russell M.
Published: May 2006

Governmental studies looking toward the reorganization of present political and administrative arrangements by Los Angeles county and Los Angeles city, respectively, have been a feature of recent months in the metropolitan region of the Pacific Southwest. Three separate reports have been prepared, two of which are before the public. Certain areas of substantial agreement in principle are found in these two reports, and it now appears that by joint agreement some far-reaching changes will be proposed as charter amendments to the Los Angeles county charter. The most significant of these proposals look toward simplification of structural arrangements through reorganization of existing governmental agencies in the county and the establishment of certain centralized agencies of county-wide administration responsible for minimum standards of service throughout the entire area and available for additional service to those local communities which through their local councils order and pay for it. Likewise, the reports agree in recommending the establishment of the county-manager form of administrative organization.
Political Science and Federal Employment
Authors: Davenport Frederick M. , Sims Lewis B. , White Leonard D. , Belsley G. Lyle , Fussell Frances R.
Published: May 2006

Only since 1939 have political scientists, as such, had much chance to gain entrance into the permanent federal civil service. This opportunity came as the result of two well-timed phenomena: (1) the demand of a number of federal agencies for young men and women educated in certain branches of political science, and (2) the United States Civil Service Commission's announcement of the Junior Professional Assistant examination, which included an optional called “Junior Administrative Technician.” This combination of happy circumstances, however, did not solve all the problems of the young political scientist or clarify all the requirements for federal employment; so, at the 1939 meeting of the American Political Science Association a committee was appointed to study the question.
The Social Science Analyst Examinations
Authors: Sims Lewis B.
Published: May 2006

On March 15, 1937, the United States Civil Service Commission, in a forward-looking attempt to keep pace with the increasing demand for trained social scientists in the federal service, announced an examination for “social science analysts”—six grades in all—as follows
The United Nations as Viewed From Geneva
Authors: Rappard William E.
Published: May 2006

The United Nations Organization is an essentially American product, as the jeep or the atomic bomb. Conceived at Dumbarton Oaks near the American Capitol, inspired by American ideas, born under American chairmanship on the American West Coast, having decided on a permanent site in America, it is even endowed with an American surname. In fact as in word, there would be no United Nations were there not a United States.

It is therefore very generous of an American body to ask me, as a foreign visitor to your shores, what I think of this American product. But it is correspondingly embarrassing for me to attempt to tell you. When one is invited out to dinner, it hardly does to comment, except in terms of the highest enthusiasm, on the cuisine of your host or on the beauty of his daughter.

Your invitation to this intellectual feast therefore obliges me to choose between politeness and sincerity. As I am speaking here at your request, not in any diplomatic capacity whatever, but solely as a friend among friends and as one man of science to a host of academic colleagues, known and unknown, I unhesitatingly opt in favor of complete frankness. I venture to trust that our common ideals of scientific freedom will assure my impunity from any reproach of indiscretion or of impertinence.
The Vocational Senate in Ireland
Authors: Bromage Arthur W. , Bromage Mary C.
Published: May 2006

Out of an Irish dilemma has come one of the most striking legislative experiments in modern government. After a short life from 1922 to 1936, the first Irish upper house proved so inept as to be abolished. Then came an interval of unicameralism, and now under the constitution of 1937 another senate has been brought into existence, differing radically from the old. In the early days of her independence, Ireland was confronted with the problem of precisely how to constitute an upper house, how to differentiate it from the lower house, and whom to represent in it. Now, after a vicissitudinous history, she has embarked upon a course of advanced ideas in parliamentary practice—upon a plan which attempts to secure vocational representation.

Why has it been difficult to fit a second chamber into the structure of the Irish state? In feudal society, class cleavage produced assemblies of more than one house. Since democratization of the social order, this basis of separation, has lost significance, but the tradition persists in the bicameralism of such countries as England.
The Historical Meaning of the American Doctrine of Isolation
Authors: Weinberg Albert K.
Published: May 2006

The classic definition of American isolation is that it is not a theory but a predicament. In all seriousness, isolation is not a theory of American foreign policy. Isolation is a theory about a theory of American foreign policy. Because this interpretation is a poor theory, misrepresentative even if taken only semi-literally, it has placed the discussion of American foreign policy in a sad predicament of obf uscation, not without its influence upon national decisions.

In relation to the two extremes of isolation and internationalism, America's present course is, in the words of Secretary Hull, a “middle course.” Washington's advice to have “as little political connection as possible,” which is definitive of early policy, is shown by its context to mean merely the avoidance of permanent alliances beyond the existing French treaty.
V. Civil Liberties
Authors: Cushman Robert E.
Published: May 2006

The Supreme Court's decisions dealing with civil liberties in the ten years under review fall into four groups: (1) cases involving the rights protected by the First Amendment—freedom of religion, speech, press, and assembly; (2) those concerned with racial discrimination; (3) cases enlarging the power of the federal government to protect civil rights against invasion by private persons; (4) war-time cases arising out of conflicts between civil liberty and military power. Decisions dealing with procedural due process and other rights of those accused of crime are discussed in another part of this symposium.

I. FIRST AMENDMENT—FREEDOM OF RELIGION, SPEECH, PRESS, AND ASSEMBLY

During the decade we are examining, the Supreme Court not only has decided a substantial number of cases involving freedom of speech, press, and religion, but it has developed a new and important judicial philosophy or doctrine with respect to them. In this judicial doctrine, three principles are fused. The first is that the four liberties protected by the First Amendment are so indispensable to the democratic process and to the preservation of the freedom of our people that they occupy a preferred place in our scheme of constitutional values.
The Rôle of the Public in a New Germany
Authors: Pollock James K.
Published: May 2006

In recent discussions of the German problem there seems to be a growing superficiality and confusion that is greatly to be deplored. Sensational articles, and even books, on the subject are having a deep influence on American and British opinion. We badly need more informed discussions of basic parts of the German problem if we are to avoid serious mistakes in the postwar world. Although definitive answers cannot always be given in the political field, it is nevertheless incumbent upon everyone who has studied, both in the ivory tower and in the field, to offer as much light and leading within the spheres of his competence as time and strength will permit.

At this time, I think it is important to call attention to an aspect of the German problem which must not be overlooked after the war either by the occupying powers or by the German people. Since it is primarily a long-run problem, and not merely a problem of occupation, the German people will have to solve it in the final analysis. Furthermore, since I do not belong to the school of gloomy haters who envisage an indefinite oppression and control of the German people, I prefer to base a program of governmental and political regeneration for Germany on the assumption that the tragic and bitter experience of the Germans under Hitler will lead to a revival of those features of civilized, democratic society which are so essential to the proper functioning of both national and international government.
An Investigation of the Executive Agencies of the United States Government
Authors: Short Lloyd M.
Published: May 2006

The preliminary report of the select committee of the United States Senate appointed to investigate the executive agencies of the government with a view to coordination, under authority of Senate Resolution 217, 74th Congress, passed February 24, 1936, was presented to the Senate by Senator Harry F. Byrd, chairman, on August 16, 1937. Except for a brief introduction by Senator Byrd, in which he states that his committee has reached no final conclusions and that it expects to continue its investigations, the document is given over entirely to the report prepared for the committee by the Brookings Institution. Dr. Moulton, president of the Institution, explains in a letter of transmittal the contractual arrangements under which the report was prepared and lists the staff members, regular and special, who participated in its preparation.
The Face-to-Face War Information Service of the Federal Government
Authors: Laves Walter H. C.
Published: May 2006

The face-to-face war information program of the federal government came to a close on July 15, 1943. On this date the Organizations Service Division of the Office of Civilian Defense was abolished by James A. Landis, director of OCD. Thus ended the last remaining organized effort of the national government to insure full civilian understanding of the war through methods found only in democratic countries, viz., discussions, forums, town meetings, etc. This change in the conduct of the war deserves the attention of political scientists and others interested in the operations of democratic government. The way in which the program was conceived, the manner in which it was administered, as well as the deliberate way in which it was abolished, throw important light on the home-front policies of the government. They also indicate the prospects for a democratic civic education program in the United States.

Origin of the Face-to-Face War Information Program. The Organizations Service Division was established in the Office of Civilian Defense by Administrative Order No. 30, dated January 4, 1943. The face-to-face war information program, which was the primary responsibility of the Organizations Service Division, had been delegated to OCD after a series of negotiations extending from June 12 to December 15, 1942, and involving the Office of War Information; Coördinator of Inter-American Affairs, OCD, Office of Education, and the Bureau of the Budget.
Of Democracy in America
Authors: Wright Benjamin F.
Published: May 2006

“There are at the present time two great nations in the world, which started from different points, but seem to tend towards the same end. I allude to the Russians and the Americans. Both of them have grown up unnoticed; and while the attention of mankind was directed elsewhere, they have suddenly placed themselves in the front rank among the nations, and the world learned their existence and their greatness at almost the same time.

All other nations seem to have nearly reached their natural limits, and they have only to maintain their power; but these are still in the act of growth.”

So concludes the first volume of Alexis de Tocqueville's Democracy in America. Such a statement appearing in 1945 would, except perhaps for the view that the two countries “tend towards the same end,” be truistic. Even the journalists would understand and accept it. It appeared in 1835. To most Europeans of that day, the United States was a crude and bumptious little nation on the western fringes of the world, just as Russia was the half-Oriental, half-feudal state which was not so much a power as a vast expanse of inhospitable steppes. At a time when English travelers were frequently aware only of the vulgarity of American manners, and when some European visitors to this country were most impressed with its picturesque qualities, Tocqueville was much more concerned with the basic nature and with the future of the complex combination of laws, customs, and mores which were embraced within his inclusive conception of democracy. He came here, not to give slightly condescending lectures and to bolster his own feeling of superiority, but rather to observe and report on the operation of a principle of political and social organization. Partly because he had an inquiring mind and was willing to work hard at his self-imposed task, but largely because he was gifted with rare insight and was not prevented from seeing the trend of events by the surface happenings of his own time, his book on the nature of American institutions remains, after more than a century, one of the few invaluable books on that subject.
Soviet Domestic Policy in the Postwar World
Authors: Hazard John N.
Published: May 2006

Analysis of the position of the Soviet Union in the postwar world may logically begin with internal policy. Lenin himself invited this approach when he wrote: “There is no more erroneous nor harmful idea than the separation of foreign and internal policy.”

It is audacious for an outsider to predict the future course of Soviet policy. Too many factors which only Soviet leaders can know enter into the decisions. Nevertheless, we Americans are about to enter a period in which the Soviet Union will play a major rôle. Our situation demands that we know our neighbor, and this paper is directed to that end. It will discuss the various aspects of outstanding importance from which internal policy is formulated.

Political Theory. Soviet statesmen have retained their basic thinking as to the character of the Soviet state. Commissar Vyshinsky twice restated it publicly during the war itself. In 1942, he told the Soviet Academy of Sciences that “the Soviet State, as a state of the proletarian dictatorship, must be a new type of democratic state for the proletariat and the propertyless, in general, and a new kind of dictatorship against the bourgeoisie.”
The Bureau of the Budget: Its Evolution and Present Rôle, II
Authors: Marx Fritz Morstein
Published: May 2006

In the first part of this paper, an attempt was made to outline the frame of ideas which guided the founders of the national budget system, and to review the principal factors which have influenced the institutional development of the Bureau of the Budget since its establishment in 1921. The second part aims to give some account of the Bureau's current responsibilities and activities, including its working relationships with Congress and the various agencies of the executive branch.

Perhaps the greatest merit of the Budget and Accounting Act of 1921 must be found in the stress it laid on the connection between budgeting and executive management. By directing the Bureau of the Budget to “correlate” the estimates of the federal agencies, the law linked fiscal planning with the coördinative responsibilities of the President. Correlation of estimates necessarily involves adjustment—not only of financial demands for different agency programs, but also of organizational form and mode of operations. Such adjustment cannot be decreed blindly. It requires administrative study and analysis. The Budget and Accounting Act rendered this inference explicit by designating the Bureau of the Budget to look into the structural and managerial problems of the executive branch as a continuing assignment. Up to 1939, the designation remained for the most part a mere notice of intent.
Constitutional Law in 1942–1943: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1942
Authors: Cushman Robert E.
Published: May 2006

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.

A. QUESTIONS OF NATIONAL POWER

1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITY

West Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.
Did Hughes Snub Johnson?—An Inside Story
Authors: Davenport Frederick M.
Published: May 2006

Some day, if and when the files of recollection left by Charles E. Hughes are open to research and discussion, it may be entirely clear how it happened. I am quite sure such memoirs exist, for only a year or two ago Mr. Hughes told me at his home in Washington that he would never write an autobiography, but intended to leave a record of his public activities in such form that it would be available to those who could make good use of it in the future. We had a good laugh that day over the disparity of the actual facts and the public understanding about them in some instances with which we were both familiar, as far back as the very controversial days of the Hughes governorship of New York State.
Proposed Changes in British Parliamentary Procedure
Authors: Bunbury Henry
Published: May 2006

Parliamentary democracy in Britain has once again to face and solve a problem which in itself is by no means new. It has to find the means of preserving, under the conditions of today and tomorrow, two principles, each of which is fundamental to democratic government, but which tend in times of major change to come into conflict. The one is that Parliament, as the supreme power in the state, shall retain its full and unchallenged control over public policy, both in legislation and in administration; the other, that the public business shall be efficiently conducted—that the right things shall be done at the right time. For in so far as the system fails on the former count, it ceases to be democratic; and to the extent that it fails on the latter count, its repute, and even its very existence, may be endangered.

It is commonly admitted that the British parliamentary machine has at times—and in recent years with increasing frequency—been overworked. Changes in the law called for by new situations, by public demand, or by administrative expediency are liable to be postponed from session to session for lack of parliamentary time, until the right moment for decision has passed. Matters which deserved full discussion are liable to be decided in haste under some form of closure of debate. The choice of subjects for legislative projects in any particular session tends, at times, to be determined as much by sectional pressures of one kind or another, public or departmental, as by a considered weighing of the public interest or a general plan of policy.
I. The Introductory Course in Government
Authors: Wilcox Francis O.
Published: May 2006

Introductory Comments. How and what to teach has been one of the most engaging topics of conversation in political science circles for many years. Yet it is a remarkable fact that not a single department of political science in the United States, so far as the writer is aware, offers its graduate students a seminar on teaching problems. Seemingly we have been content with the old formula for teaching success: “If you would be a good teacher, saturate yourself with your subject-matter and teach like hell.” Unfortunately, some of our teachers have done just that.

If we needed to reëvaluate our teaching before the war, it is imperative now that a little individual and collective soul-searching be done. The tremendous changes ushered in by the war and the uncertainties of the future emphasize more than ever the importance of our work. The world is entering a new era in which democracy will be put to real test as it continues to meet the challenge of more militant ideologies. It will be an era of bewildering social change accompanied by an increasing awareness of political power on the part of individuals and organized groups. The ideological conflict will be characterized by tension between management and labor at home and the old familiar pattern of power politics—with new forms of nationalism and militarism—in our relations abroad. Students will be bombarded with propaganda from every quarter.
State Constitutional Law in 1946–47
Authors: Sherwood Foster H.
Published: May 2006

The oft-heard argument in behalf of federalism that the states furnish important laboratories for social and political experimentation is illustrated by a good many new constitutional provisions interpreted for the first time this year. Two states, Missouri and Georgia, adopted entirely new constitutions in 1945, important sections of which have come before the highest courts for interpretation. One of these, the Georgia constitution of 1945, provides specifically: “Legislative acts in violation of this constitution or the constitution of the United States, are void, and the judiciary shall so declare them.” Such a provision may very well raise more questions than it settles—for example, what effects can be accorded unconstitutional acts?; can the other agencies of government refuse to perform under statutes they consider unconstitutional?; can the judiciary declare acts of the governor and other officers unconstitutional?; etc. Such questions have not as yet been raised. But there is some evidence that we may be embarking on an era of constitutional revision similar to that which followed the Civil War. If so, the problems of constitutional law now being discussed may furnish a clue to the kind of new documents to be written. This year the emphasis has been on civil rights and methods of adjusting state finances to the rapidly fluctuating value of the dollar—problems which naturally arise out of the intense social and economic conflicts of the past decade.
Constitutional Limitations on Reëligibility of National and State Chief Executives
Authors: Kallenbach Joseph E.
Published: May 2006

On March 1, 1951, the Administrator of General Services certified that the proposed presidential tenure amendment submitted to the states by Congress in 1947 had been ratified by thirty-six states, thus making it a part of the United States Constitution. Adoption of this proposal, which becomes the Twenty-second Amendment to the United States Constitution, disposes of an issue that has agitated American politics periodically since the establishment of the Presidency. Hereafter no person will be eligible for a third term as President if he has served two full elective terms or one full elective term plus more than one-half of another term through succession to the office. President Truman, who would otherwise be rendered ineligible for reëlection following completion of his current term, is exempted from the ban by a qualifying clause which excludes from coverage “any person holding the office of President when this Article was proposed by the Congress.”

Hostility to long continuance in office, particularly for executive officers, has been a prominent feature of American political thinking since Revolutionary times. Seven of the original state constitutions, all of which were formulated prior to adoption of the federal Constitution, carried clauses limiting reeligibility of the state chief executive.
Purposes, Procedures, and Outcomes of the Cooperative Research Project on Convention Delegations
Authors: David Paul T.
Published: May 2006

The official beginnings of the Cooperative Research Project on Convention Delegations date from the opening of the project office at the Association's headquarters in Washington on March 10, 1952. But the project had roots reaching far back into previous activities. Two committees of the Association had made suggestions for activities similar to those eventually put under way by the project: the Committee on Political Parties and the Committee for the Advancement of Teaching. In September, 1951, following the Association's meeting in San Francisco, the then chairmen of those committees, Bertram M. Gross and Claude E. Hawley, began actively seeking means of organizing field work and creating teaching materials on the forthcoming preconvention campaigns and national political conventions of 1952. For a time it appeared that a project along those lines might be organized under the auspices of the Brookings Institution; and the director of the present project became involved in the conversations. Later it became clear that if the project were to be organized at all, it would probably need to be under the Association's own auspices, although the cooperation of the Brookings Institution was an important factor in early planning.

By November, 1951 the Executive Director of the Association had cleared a draft proposal with the other officers and began negotiations with several foundations. One of those foundations, although uninterested itself, passed on the proposal to Dr. Will W. Alexander, an adviser of a newly established family foundation in New Orleans.
World Trends in Political Science Research
Authors: Macpherson C. B.
Published: May 2006

The purpose of this report is to examine, on an international scale, the current trends in political science research.

The initial intention was to base the survey on the available information about researches being carried on by institutions, but it soon became apparent that such a survey could not give an adequate picture of current work or trends. In the first place, systematic information about research by institutions was, at the time of writing, available on a comparable basis only for a few countries and areas. In the second place, even if information on research by institutions were available for all countries, an analysis of it would give a very one-sided picture of the main trends in political science research. For it would leave out of account all the work being done by individual scholars, and even groups of scholars, in the ordinary course of their academic work. To single out the work being done by research institutes (whether they are attached to universities or established independently) and to call this “research,” would be putting a narrrow interpretation on the word. It is, of course, tempting to do so. It is possible to canvass institutions and compile a comparative register of their researches; it is much more difficult, if not impossible, to compile a register that would list all the significant thinking being done in political science, including the theoretical work being done by individual academic political scientists in all the universities.
A Suggested Research Strategy in Western European Government and Politics
Authors: Almond Gabriel A. , Cole Taylor , Macridis Roy C.
Published: May 2006

If one compares the literature on American government and politics with that which concerns continental Europe, it is quite evident that the two fields of study in the last decades have proceeded on somewhat different assumptions as to the scope and methods of political science. This divergence is of relatively recent origin. Before World War I a substantial number of leading American students in this field had their training in European centers of learning, and brought back with them the rich tradition of European historical, philosophical, and legal scholarship.

With noteworthy exceptions the study of continental European political institutions still tends to be dominated by this historical, philosophical, and legal emphasis. The continuity of scholarship in the continental European area has been broken by the two world wars, by totalitarian regimes, by enemy occupation, and by the persistence of internal antagonism and cleavages. With the exception of a few years in the 1920's, the entire era since World War I has been one of catastrophe or the atmosphere of catastrophe in which scientific inquiry and the renewal of the scientific cadres could be carried on only for short periods, under the greatest handicaps, and with inadequate resources.
Central Issues of American Administrative Law
Authors: Nathanson Nathaniel L.
Published: May 2006

During the last decade the principal issues of American administrative law have been presented within a framework largely dominated by the recruitment and administration of a military establishment far beyond our normal peacetime complement, by the application of emergency economic controls to that part of our civilian economy normally left to the freedom of the market place, and by the development of security techniques designed to guard against real or fancied dangers of espionage, sabotage and divided loyalties. In such an atmosphere, it is not surprising that many of the burning issues of the thirties which aroused leaders of the American Bar Association to storm the citadels of bureaucratic power have seemed to pale into relative insignificance beside the sweep of discretionary authority exercised in the name of national emergency. A society which had scarcely freed itself from the controls born of the Second World War before the threatening clouds brought a re-emergence of the familiar pattern of selective service, priorities and allocation, price regulations and wage orders, could derive small comfort from the niceties of the Administrative Procedure Act as bulwarks for the defense of ancient liberties. Nevertheless, emergency controls account for only a part of the machinery of government, and it is still our hopeful assumption that they are temporary phenomena.
The Senate and American Federalism
Authors: Riker William H.
Published: May 2006

At Philadelphia in 1787 the authors of the Constitution invented a new kind of federalism. In previous federal governments, the participating states were no more intimate than permanent allies, and citizens retained a primary loyalty to local governments. The federalism of 1787 achieved a converse effect, however, for it subordinated the member governments and created a nation. Likewise, while the earlier federalisms were notoriously prone to muddles in policy and stalemates in action, the American form turned out to give reasonably effective government, even in the short run. For both its nationalism and its effectiveness, therefore, it found favor with constitution makers elsewhere: in the larger Latin American states, in most of the new nations of the British Commonwealth, in the Germany of Weimar and Bonn, even, on paper at least, in the Soviet Union and Yugoslavia. Probably the clearest demonstration of the prestige and utility of the American invention was the revision (in 1848) of the Swiss Confederation into a federalism patterned after the United States. The cantons thereby abandoned the one remaining survivor of the alliance type of federalism, represented in the middle ages by the Swabian, Rhenish, and Lombard leagues, as well as by the Swiss. And so it happens that about half the earth is presently ruled by federal governments—all of them reminiscent in one way or another of the Philadelphia invention.
Federalism and the Party System: The Case of West Germany
Authors: Heidenheimer Arnold J.
Published: May 2006

West Germany today is ruled by a constitutional regime in which a strongly led democratic majority party has carried the predominant, indeed, increasingly almost the sole, responsibility of running the national government. Yet the “basic law” of the country embodies a federal system of institutions and checks and balances which were in great measure designed specifically to hamper the exercise of power by just such a politically powerful national government. The inclusion in the Constitution, under German federalist and Allied pressure, of a number of institutional devices, especially that of the “Bundesrat” rather than the “Senate” form of upper House, was rather openly intended to introduce restraints on the power of national party leaderships by allowing the leaders of the Laender governments a direct voice and, on many matters, a potential veto in the formulation of national policies. The creation of a second chamber with members drawn from, and exclusively responsible to, the Land cabinets was pretty clearly an attempt to institutionalize political diversity. It was expected that as the party makeup of the several Laender governments would often differ from the coalition pattern of the Federal government, and that as each Land government would have to cast its indivisible Bundesrat votes with regard both to its regional interests and to its particular party composition, the resultant configuration of power in the upper chamber would differ considerably from that in the Bundestag.
Technical Assistance and Administrative Reform in Colombia
Authors: Caldwell Lynton K.
Published: May 2006

A public administrative system is the product of its environment—particularly of its political environment. It is not discrete, but is an aspect of this same environment, affecting and affected by the tendencies of the society of which it is a part. In the rapidly changing present, the complex of social pressures and tensions have created over large areas of the globe an unsettled environment for public service. At a time when effective public administration is more than ever needed to reduce areas of social conflict by achieving generally acceptable solutions to accumulating social problems, the public service in many countries lacks the unity of purpose and technical skill to meet the challenge.

This is notably true where nations, undergoing rapid social transition and attempting uncertainly through democratic government to bring traditional values and practices into line with contemporary needs, must mediate amidst a variety of pressures and counter-pressures. Democratic administration is never easy, even in countries with long histories of democratic government and with well-developed techniques of organization and management. Where the spirit and practice of democratic self-government have not become a living part of the environment and where the political tendencies of the community are contradictory or obscure, the situation of the democratic public official is truly difficult.
Reply to Fisher's Mathematical Analysis of Supreme Court Decisions
Authors: Kort Fred
Published: May 2006

We have had many reminders of the limits and risks of statistical predictions about human behavior. When I ventured last year to offer a formula describing Supreme Court action in the state “right to counsel” cases over a period of years, I was mainly concerned to show that, contrary to accepted judicial doctrine about decisions in unique cases, consistencies in the Court's collective judgments could be demonstrated in this area, and stated in quantitative terms. I did not suppose that the formula was more than a method of approximation. I did not offer it as the perfect formula, or the only one; and in particular I did not claim that it was capable of indefinite extension to other areas of constitutional law. An exploratory effort begins with what is available. But I did take into account, so far as the available data permitted, not only the Court's decisions, but also the votes of individual justices on each of the pivotal factors on which their positions could be identified or imputed. I did not claim more for the product than that, so far, it works. With this general statement, let me turn to Fisher's article.
A Postscript to Professor Dahl's “Preface”
Authors: Morgan Douglas N.
Published: May 2006

An exhilarating breath of fresh air has blown into the musty halls of political theory with the publication of Robert Dahl's Walgreen lectures, A Preface to Democratic Theory. We now know that discussion of minority rights and majority rule can be carried on with lucidity and serious attention to some of the intriguing intellectual puzzles which arise, as well as with reasonable rigor and a genuinely remarkable economy of expression.

For all his clarity and conciseness, however, Professor Dahl has paid a fourfold philosophical price:

1. His case against “Madisonian” democracy is procedural and perhaps more peripheral than profound.

2. The neo-Spinozistic endeavor to formalize political ideology appears premature.

3. His confessed epistemological perplexity over the ground of “intensity” judgments is peculiar.

4. His refusal to wrestle with ethical issues—a refusal he shares with most “empirically oriented” political scientists—leaves them not only open and unresolved, but even unexplored. Yet, in an important sense, these issues seem to be the central ones.

Following Dahl's example, I shall try to set forth these caveats as concisely as possible, leaving aside qualifications and positive theory construction.
Approaches to Staffing the Presidency: Notes on FDR and JFK
Authors: Neustadt Richard E.
Published: May 2006

It has been a quarter century since the President's Committee on Administration Management, chaired by Louis Brownlow, blessed by Franklin Roosevelt, heralded a major innovation in our constitutional arrangements: substantial staffing for the Presidency distinct from other parts of the executive establishment —in Edward Corwin's phrase an “Institutionalized Presidency.” The Executive Office, which throughout our prior history had been essentially a “private office” in the English sense, was to become a “President's Department.” So it did. Presidential agencies have filled the building which in 1937 housed the State Department (and in 1913 had housed War and Navy, too). Presidential aides outrank in all but protocol the heads of most executive departments.

We date this development from Brownlow's Report. In the sphere of presidential staffing, its proposals for the most part were put into practice with promptness and fidelity. And practice, for the most part, has been kind to the proposals, has sustained—indeed has vindicated—key ideas behind them. What a rare experience for an advisory report! It gives the work of the Committee special standing which we properly acknowledge as we meet professionally in 1963, the Silver Anniversary of their devoted service to the country and to our profession.
The Malevolent Leader: Political Socialization in an American Sub-Culture
Authors: Jaros Dean , Hirsch Herbert , Fleron Frederic J.
Published: May 2006

Perhaps the most dramatic finding of recent research on the political socialization of children is that youngsters appear to be overwhelmingly favorably disposed toward political objects which cross their vision. Officers and institutions of government are regarded as benevolent, worthy, competent, serving and powerful. The implications of such findings are striking indeed. Childhood political dispositions may represent the roots of later patriotism; we may be observing the building of basic regime-level supportive values at a very young age.

These findings are by no means new; in fact, they might be classified as part of the conventional wisdom of the discipline. Moreover, they are extremely well documented, and the study of childhood political socialization has advanced to consider far more than basic regime-level norms. Despite all this, however, there are still many empirical questions to be asked about such norms. Perhaps the recent assertion that the political scientist's model of socialization is “static and homogeneous” is particularly apropos here. Consider two closely related characteristics of the appropriate literature: 1) the “positive image” which children have about politics and political figures has been synthesized from data gathered largely in the United States and to some extent in urban, industrialized communities within the United States; and 2) empirical explanation of the favorable disposition which children manifest has not progressed very far. Though there may be hypotheses about how children get this way, there has been little systematic testing of the relationships between variables.
Two-Party Voting in the South: Class vs. Party Identification
Authors: Prothro James W. , Campbell Ernest Q. , Grigg Charles M.
Published: May 2006

This study was undertaken to test the relations between two basic observations which have appeared in the literature of political behavior. First, party identification has been found to be a major factor not only in determining votes but also in shaping ideology. Party appears to serve a “standard-setting” function for its adherents, especially on questions that are most clearly “party-related,” and resultant ideological differences between Democrats and Republicans have been found independently of such demographic factors as socioeconomic status. The second observation stems from studies in the field of stratification that have yielded an explanatory proposition in political analysis: a shift in party affiliation tends to follow a shift in class identification, as indicated by the tendency of suburban America to vote Republican.
Deeds Without Doctrines: Civil Rights in the 1960 Term of the Supreme Court
Authors: McCloskey Robert G.
Published: May 2006

In 1898, Mr. Justice Brewer measurably strengthened his claim to immortality by publicly inviting criticism of the Supreme Court. His words are well-worn now, for generations of professors have gratefully quoted them in journal and classroom; and during the 20th century the challenge he issued has evoked a response that may give his shade occasional second thoughts. The Supreme Court has had many problems in the years since he spoke, but a shortage of critics has not been one of them. Journalists, academicians, and politicians have, in their several ways, poured out a steady stream of reproach which from time to time has swelled into a torrent.
Toward a Definition of Editorial Policy for the Review
Authors: Mansfield Harvey C.
Published: May 2006

Editorial policy reflects in part an ideal, in part a code of operating practice. It is the editor's business to maintain some gap, but not too large a gap, between the two—to keep the ideal always some distance ahead of the practice, and to keep the practice from lagging too far behind. And it is inherent in the notion of policy that both ideal and practice embody a degree of rational consistency in statement and application that rules out mere personal caprice.