bluuebunny/crossref_metadata_2025_split huggingface dataset:
German Administration under the Nazi Régime
Authors: Herz John H. 
Published: May 2006

When the third edition of Otto Mayer's famous treatise on German administrative law appeared in 1924, this dean of the science of German administration remarked, ironically and almost contemptuously, in his preface: “No important additions have been necessary since the editions of 1914 and 1917…. While constitutions wane, administrative structures remain.” This statement being made at a time when the structure of German government seemed to have been changed fundamentally by a world war and a revolution, many considered it a somewhat sour reaction of a conservative and a “specialist,” who closed his eyes to the great changes which had taken place in Germany and sought solace in the apparent stability of the more technical administrative machine.Today we see that the remark almost perfectly fitted a situation where, under what proved to be a rather fragile constitutional roof, essential bureaucratic forces and governmental structures remained the same as before and were able eventually to thwart the implementation of the new political tendencies. Upon further reflection, Mayer's somewhat casual statement seems to fit the more general relation between the constitutional-political form and the underlying administrative structure which has prevailed in. Continental countries since the French Revolution.
The Poll Tax: The Case of Texas
Authors: Strong Donald S. 
Published: May 2006

The bitter controversy in Congress over anti-poll-tax legislation has revealed the need for a careful study of this subject. But rather little discriminating material has appeared. The case for poll-tax retention rests on folklore; the case for its abolition rests on propaganda, which is often more impassioned than exact. Belief in the poll tax is socially correct in the South. Logical argument is only a minor bulwark of the tax. Its main defense is the raised eyebrows that follow any questioning of the wisdom of this voting requirement. The opposition to the tax relies more on logic, but the statistics marshalled to support its case often will not stand up under close scrutiny. This article attempts to tell the story of the poll tax, with particular reference to Texas.The difference between the poll tax as a voting requirement and merely as a revenue measure must be emphasized. Many states levy a poll tax which has nothing to do with suffrage. Maine, Vermont, Massachusetts, and Indiana—to mention only four—have this tax. Although various means of enforcing payment are used, failure to pay does not disfranchise anyone. The poll tax as a prerequisite to voting is now found in only eight states, viz., Virginia, South Carolina, Georgia, Alabama, Mississippi, Texas, Arkansas, and Tennessee.
The Promulgation of Law
Authors: Bailey Gilbert 
Published: May 2006

“The impression of an inward principle,” asserted Thomas Aquinas, “is to natural things what the promulgation of law is to men; because law, by being promulgated, impresses on man a directive principle of human actions.” Promulgation is of the very essence of law, and a sine qua non of legal obligation. This is true both logically and historically.The very idea of obedience presupposes knowledge of that which is to be obeyed, without which knowledge there could be only the coincidence, never the obligation, of obedience. If human relationships are to be calculable, the people of a community must know, and know in advance, the rules by which they are to act and by which they may expect other men to act. Here is a proposition of such obvious force that any conception of legal obligation is almost bound to deal with it as an ethical obstruction to law enforcement which must be obviated by promulgation and a supplemental overall presumption that “everyone knows the law.”
The Hatch Act Decisions
Authors: Heady Ferrel 
Published: May 2006

The principal provisions of Sections 9 and 12 of the Hatch Act, designed to limit the political activities of federal employees and of certain state employees, were challenged in two cases decided by the Supreme Court in February, 1947, and held constitutional in both instances by a divided court.Section 9 of the Hatch Act forbids most officers and employees in the executive branch of the federal government to take “any active part in political management or in political campaigns.” At the same time, all such persons are to “retain the right to vote as they may choose and to express their opinions on all political subjects and candidates.” The penalty for violation of the act is dismissal from the office or position held. A similar prohibition against taking part in political management or political campaigns is imposed by Section 12 of the act on any state or local employees whose principal employment is in connection with any activity financed in whole or in part by federal loans or grants. The activities prohibited are declared by Section 15 to be the same as those previously determined by the United States Civil Service Commission to be prohibited to employees in the classified civil service of the United States.A whole barrage of charges was brought to bear against the constitutionality of this legislation. As applied to federal employees, the attack was centered on the second sentence of Section 9 of the act, which reads: “No officer or employee in the executive branch of the Federal Government … shall take any active part in political management or in political campaigns.”
Foreign Policy: the Realism of Idealism
Authors: Cook Thomas I. , Moos Malcolm 
Published: May 2006

World politics today is admittedly bipolar, and it seems destined to remain so within the foreseeable future. Beset by its sustained tension, Americans have been led to debate, sometimes acrimoniously, the proper foundations, scope, and content of an effective foreign policy. Since presumably the central theme and central purpose of this debate is the definition of what constitutes the American national interest, the first objective is to define the idea of national interest. Thereafter it is necessary to draw proper deductions relevant to the total world situation, and in turn to apply these deductions as policy to the forces there at work. These forces—political, economic, ideological, and military—in their interconnectedness collectively constitute the raw materials for assessment, judgment, planning, and action in our policy-making.Resultant differences of opinion therefore can take place at different levels. Initially there are vastly divergent concepts of the characteristics of a nation, of the role of nations in the world, and of the nature of interests proper to a nation. The scope of these divergencies is often hidden by our tendency to find in the term “national interest” connotations of particularism, of exclusiveness, of the nation as against, or superior to, the rest of the world.
The Constitution of the Italian Republic
Authors: Einaudi Mario 
Published: May 2006

At the beginning of 1948, Italy's first republican constitution went into effect. After exactly a century, the Statuto of 1848 was finally and formally superseded. History will record that the Statuto proved a powerful instrument in the formation of Italian unity and in the development of Italy's freedoms and parliamentary system until 1922, just as it will also be a witness to its rejection and nullification in the course of the subsequent twenty-five years. The new republican constitution represents the first deliberate effort by the Italian people as a whole to guarantee their freedom and common welfare within a constitutional framework.The influences of many lands are visible in the document. One can see in the rebirth of regionalism the native historical tradition of municipal freedom; the French fear of Caesarism reflected in election of the president by Parliament rather than by the people; British reliance on a balance of power between executive and legislature translated into the almost unlimited executive power of dissolution of the chambers; the time-honored American principle of bicameralism accepted with the creation of two legislative houses of equal power; and the equally famous American doctrine of judicial review tentatively imitated through the establishment of a Constitutional Court. Of Eastern constitutionalism there are only scant traces, the new social and economic rights reflecting rather the general trends of the times than any overt allegiance to the tenets of the Soviet constitution. Indeed, the acceptance of the new has been tempered by a strong restatement of what is valid in the individualistic and liberal traditions of the eighteenth and nineteenth centuries.
Extra-Legal Political Parties in Wisconsin
Authors: Sorauf Frank J. 
Published: May 2006

American political parties have long been the victims of a peculiarly ambivalent public attitude—an attitude which on the one hand views them as perverters of the democratic spirit while on the other hand it gives them a vital role in the political process. Much of the regulation imposed on the parties in this spirit of distrust makes it all the more difficult for them to carry out their political role. To operate successfully, they have been forced to adapt their organization and functions to rigorous legal climates.The vagueness and flexibility of political organization in the states reflect this constant struggle the parties wage to maintain their vitality and integrity against what are frequently severe legal odds. Parties have learned to create informal organs which will be effective and practical. Consequently, the real centers of political power rarely parallel the orderly, pyramided party organzations that the states create. The state or local party leader who holds no formal party office and the extra-legal organization or “machine” are commonplaces in American politics.
Strategic Intelligence and the Publication of Statistics
Authors: Rice Stuart A. , Kappel Joseph W. 
Published: May 2006

The importance to an enemy's intelligence services of information regarding such targets vital to the United States as important installations, plant locations and shipping routes is generally recognized. Although the methods for withholding such information from the enemy are not foolproof, they are at least clear and unclouded by conflicting values. What is not so generally recognized is the importance, in connection with an enemy's plans for the destruction of targets, of detailed economic data. One of the few writers in this field expresses it this way:The targets which you are after constitute, in essence, the vulnerable areas of the enemy's way of making war and maintaining a functioning society; and these most vulnerable areas cannot be picked out from the least (or less) vulnerable areas until a great deal is known about the enemy's entire way of life and his entire way of making war…. Before the planes went off on their first mission of systematic destruction, the planners for the bombardment of Germany had to know a very great deal about the airframe, aircraftengine and aircraft-component production, the production of ball bearings, of synthetic rubber, and of oil. Moreover, before they decided that these sectors of the economy were the ones whose destruction would give them the most significant, rapid and permanent weakening of German war-making capacity, they had to know a very great deal about other sectors.
The Guatemalan Affair: A Critique of United States Foreign Policy
Authors: Taylor Philip B. 
Published: May 2006

Latin views toward the United States are not merely those of the weak toward the strong. They are, by the Latins' own definition, those of the poor toward the rich, the cultured toward the uncultured, the idealist toward the pragmatist. They are those of a people largely inexperienced and misled in the political arena, and without practical criteria for the Anglo-Saxon notion of “democracy,” either political or cultural. But they are bitterly experienced in the ways of dictatorship, economic exploitation, and grinding poverty. Born in Iberian feudalism and Catholic fervor, the Latin plainly does not understand the largely Protestant, industrialized, politically and culturally democratic, radical (and yet conservative) United States. It is certainly a slight exaggeration to say that the most important thing the two groups have in common is the hemisphere in which, by geographic accident, they live.To them we are Yanquis, past and present exploiters, rich because they are poor, slightly drunk with our new postwar power, and verging toward fanaticism in our anti-communism. But their principal current complaint against us is our overflowing generosity toward Europe and Asia and our niggardliness toward themselves.
Prolegomena to the Comparative Study of Middle East Governments
Authors: Binder Leonard 
Published: May 2006

Only the cold war has overshadowed the second most striking political phenomenon of the post World War II scene. The demise of imperial power over vast Asian and Middle Eastern territories and the rise of new independent states is in part the result of the transfer of power from Europe to the United States and the Soviet Union, and in part a distinct phenomenon. The politics of these new states have an increasing interest, partly because of their possible subversion to Communist allegiance, and partly because of the desire to assess the possibilities of successfully transplanting democracy. Emphasis on the danger of subversion intensifies interest in the political processes in these non-western countries; but the context of these politics, i.e., that which may be subverted, is the primary concern of the discipline of comparative government.Political scientists have been among the last to extend the area of their research to non-western countries. They have been preceded by travelling diarists, students of comparative religion, archaeologists, historians, and latterly, anthropologists. From these sources much material, though of varied and uneven quality, exists to start with. A few political histories, fewer studies of various aspects of non-western politics, and still fewer studies of the contitutional development of these areas supplement these resources. Materials are scantiest for the Middle East.
Political Factors in U. S. International Financial Cooperation, 1945–1950
Authors: Behrman Jack N. 
Published: May 2006

International cooperation through multilateral organizations sharply distinguishes the post-World War II economic policies of the United States from those it employed following World War I. After World War I, the United States eschewed any form of international economic organization, which some governments thought should be continued; early in the more recent conflict, United States officials pressed hard for the acceptance of world-wide institutional cooperation. The purpose of the present article is to review, through an examination of its policy toward multilateral financial arrangements, some of the important discussions and decisions which moved the United States towards internationalism in economic relations; to emphasize the role of political factors in the development of financial organizations, in the retreat from international “democracy,” and in the growth of regional cooperation; and to examine some of the difficulties of international financial cooperation.A primary objective of the United States government's postwar policy preparations was the re-creation of amethodof conducting international economic transactions which would not result in economic warfare; the major technique was that of international agreement on accepted rules for conducting transactions. Government officials considered that this approach was not only desirable but also possible, in view of the success of wartime collaboration.
Senate Rules and the Civil Rights Bill: A Case Study
Authors: Shuman Howard E. 
Published: May 2006

The rules of the Senate of the United States are only 40 in number and comprise only 49 of the 832 pages of the Senate Manual. Yet, when literally invoked they can bring Senate business to a standstill. They are most often ignored or circumvented by unanimous consent in order that the Senate may operate conveniently as a deliberative and parliamentary body. To pass legislation when they are invoked is a formidable enterprise.Just as the law is said to be no better than the procedures by which it is carried out, so the substance of legislation is shaped and modified by the procedures that may be required under the Senate rules, or by the mere threat to invoke those procedures, for they are compelling. The procedures preceding and surrounding the passage of the first civil rights bill in over 80 years illumine and illustrate the effect of the rules on the substance of legislation as have few other legislative controversies in recent years.
The Neo-Behavioral Approach to the Judicial Process: A Critique
Authors: Mendelson Wallace 
Published: May 2006

A generation ago “legal realists” led by Jerome Frank and Karl Llewellyn dismissed law as a myth—a function of what judges had for breakfast. The important thing, they insisted, was what a court did, not what it said. No doubt this was good medicine for the times. Yet, however broad Frank's 1930 language, later on the bench he loyally acknowledged the compulsive force of legal rules. As a lower court judge, he decided cases in accordance with what he found the law to be—and on occasion he made clear in addenda what he thought it ought to be.Llewellyn, too, changed his mind. In 1934 he had said, “The theory that rules decide cases seems for a century to have fooled, not only library-ridden recluses, but judges.” Seventeen years later he confessed that his earlier behavioral descriptions of law contained “unhappy words when not more fully developed, and they are plainly at best a very partial statement of the whole truth.”In short, after their initial enthusiasm, these and other legal realists recognized that there is and must be law in the judicial process, as well as discretion. This was inevitable, for society can no more dispense with order and coherence than it can deny the demands of changing circumstance. We must have stability, yet we cannot stand still; and so the legal system inevitably has both static and dynamic qualities. Holmes put it in a thimble: “The … law is always approaching, and never reaching, consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not been absorbed or sloughed off. It will become entirely consistent only when it ceases to grow.”
If, as Verba Says, the State Functions as a Religion, What Are We to Do Then to Save our Souls?
Authors: Lipsitz Lewis 
Published: May 2006

Sidney Verba has argued that the state in modern societies may function as a religion. He is certainly not the only one to adopt such a point of view. But his work is especially notable in that he has strengthened the argument by welding together a theoretical perspective that seems to be derived from structural-functional analysis and a good deal of varied and interesting, though not crystal-clear data. Verba's discussion of the functions of the state is most explicit in his article on the Kennedy assassination—in which he seeks to interpret the many studies of public reaction to the President's death. In this article, appropriately titled “The Kennedy Assassination and the Nature of Political Commitment,” Verba attempts to go to essentials. He speaks of the deeper levels of political involvement made evident by the psychological crisis of the assassination. Repeatedly he employs the term “primordial” to describe the character of the underlying political commitment to the nation-state and its symbols in modern societies—the foremost of these symbols in America being the President. But let Verba speak for himself since he is explicit about these matters: first, on the nature of public reactions and the larger meaning of those reactions:The Kennedy assassination … illustrates the close meshing of the sacred and the secular in the top institutions of a political system. In a society in which the formal ideology is officially secular … the close linkage of religious institutions to the events of the crisis weekend is particularly striking … a larger proportion of the American population responded to the assassination with prayer or attendance at special church services and religious ceremony and imagery abounded in the events of the weekend.
Power and Personality: The Appeal to the “Right Man” in Democratic States
Authors: Spitz David 
Published: May 2006

At least from the time of Socrates, in whose ideal state philosophers would be kings, the appeal to the right man has played a major role in systematic reflections on the control of power. For if the right man does rule, Socrates argued, neither institutional nor other controls—e.g., law—need to be employed. Because he is the right man, he will do the right things: he will rule wisely; he will establish or, where already established, he will perpetuate, that order in human affairs that best approximates or achieves justice and secures liberty.The problem, then, for those who hold this view in democratic states, is not whether the right man should rule, but how he is to be discovered and how he can be assured the reins of political power. Or, to formulate the problem in negative terms, how can we identify and exclude from power those who are the “wrong” men, those who are likely to rule badly and unjustly, those who—because they are, for example, “authoritarians” at heart—may if they achieve positions of power violate the very principles of the democratic state and thereby endanger its existence?
The Significance of Void Ballots in West German Elections
Authors: Stiefbold Rodney P. 
Published: May 2006

In the 1961 federal election six per cent of West German voters failed to cast two valid votes under the single-ballot, two-vote German electoral system: 1.3 million voters cast their party list vote invalidly, while almost one million failed to vote validly for a district candidate. Since 1949—and 1953, when the present single-ballot, two-vote system was introduced —the development of the invalid vote has been as shown in Table I.Not only has the total invalid vote increased steadily, despite the counter-movement of first and second vote trends; it has also been exceptionally high in comparison to the Weimar Republic, Imperial Germany and other Western European countries. Thus in pre-Hitler Germany the invalid vote seldom exceeded 1 per cent of the poll. In postwar parliamentary elections in Scandinavia it has not yet exceeded 1 per cent while in Britain, Switzerland and Austria it has approached 2 per cent only in rare instances. In Fourth and Fifth Republic France spoiled and blank ballots have been constant at about 3 per cent of the poll. Only in isolated cases—for example, where compulsory voting is combined with a deep-seated social and politicalmalaise, as in Belgium—has the invalid vote been comparable in proportion to that of Western Germany.