bluuebunny/crossref_metadata_2025_split huggingface dataset:
Marbury v. Madison Today
Authors: Grant J. A. C. 
Published: May 2006

In 1803 the Supreme Court, in an opinion written by Chief Justice Marshall, refused to enforce an act of Congress on the ground that it conflicted with the Constitution. This decision was noteworthy in that it was the first occasion on which the Supreme Court asserted such a right, and it has since come to be looked upon as the cornerstone of judicial supremacy.The accuracy of the Chief Justice's reasoning has been attacked on various grounds, and it has been pointed out that every argument used by him in favor of judicial review begins by assuming the whole ground in dispute. Very few authorities who have taken this view have asserted that the courts have usurped this power. Obviously nothing could be farther from the truth. A course of action which had the backing of nearly every influential member of the Constitutional Convention, which was frequently stated, generally without opposition, in the various ratifying conventions, and which was very clearly set forth in the Federalist, cannot be said to be a “usurpation of power” in any sense of the term. However, authorities do point out that the true explanation of this power of our courts is not to be found in the mere fact that we have a written constitution which is the “supreme law.” Marshall himself recognized this shortly after the Marbury case, when he gave equal weight to the “general principles which are common to our free institutions” along with “the particular provisions of the Constitution of the United States,” on the theory that “the nature of society and of government …. prescribe some limits to the legislative power.”
Functional Representation in the International Labor Organization
Authors: Hewes Amy 
Published: May 2006

A bloc system has superimposed itself upon national legislatures. Although their members are elected on a definite territorial basis, they associate themselves together in response to interests in their constituencies which have little relation to their electoral districts. Thus, in the United States, a foreign word has come into use to designate the organized agricultural interests which constitute the farm bloc.More or less definite aggregations of this kind have been formed throughout parliamentary history. Some of these have been the result of particular manufacturing or commercial interests; other groupings have followed religious or social-class lines of cleavage; nevertheless, the basis of representation, in the popularly elected chambers, has remained territorial. Since 1919, however, an international assembly has been built up on a new political pattern. This is the Conference of the International Labor Organization, which convened for its tenth session at Geneva, in May, 1927, and in the following October completed the eighth year of its history. Notwithstanding the fact that structurally this body has a national basis, in that the delegates are sent by different member states, the conferences derive their character and mode of operation, not so much from the member states as from the three component groups in which national differences are more or less subordinate. These groups represent, respectively, the governments, the employers, and the workers of the several countries.
Presidential Special Agents in Diplomacy
Authors: Wriston Henry Merritt 
Published: May 2006

The unusual circumstances of the present diplomatic situation of the United States resulting from the European war and the revolution in Mexico have led the present administration to resort to the use of presidential diplomatic agents. The missions of ex-Governor John Lind and of William Bayard Hale to Mexico, and the errands of Col. E. M. House in Europe have aroused considerable discussion of their diplomatic status, which gives point to an effort to explain the basis for the employment of presidential special agents in diplomacy.At no point is the Constitution more definite and specific than in dealing with the appointing power of the President. Part of Article II, Section 2 reads: “He shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.” The third section of the same article reads: “The President shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.” There would seem to be no loophole here by which the President could either create an office not before existing, or, unless there is specific statutory warrant, appoint an individual to office without senatorial confirmation.
The Board of Appeals, Department of the Interior
Authors: Finney Edward C. 
Published: May 2006

In order to understand the reason for a board of appeals, and something of its functions, it is essential to have a general idea of the system of handling and disposing of the public lands, their resources, and all other matters within the jurisdiction of the department of the interior.It has been the wise policy of the United States so to dispose of its lands and resources as to encourage the establishment of homes and the extraction and use of minerals, rather than to seek to derive a revenue therefrom. The agricultural lands of the public domain are freely given to citizens who will establish their homes, erect improvements, and cultivate the soil. The taking of the minerals is permitted under what amounts to a gift, conditioned upon certain development work; so with the use of water for irrigation, for power, and for municipal and domestic purposes.
Judicial Control of Administrative and Legislative Acts in France
Authors: Garner James W. 
Published: May 2006

In recent years there has been an interesting and very remarkable extension of judicial control over the acts of the administrative authorities in France. The doctrine of recourse in annulment for excess of power, in particular, has undergone such an extraordinary development that it is probably safe to say that there is now no other country where private rights are better protected against arbitrary and illegal acts of public officers. It is an interesting fact also that this protection has not been created by legislation but is mainly the work of the council of state, and, to a less degree, of the court of cassation, the two supreme judicial tribunals of France.The solicitude which the council of state, especially, has shown for the protection of individual rights and the independence which it has exhibited as over against the government by whom the councillors of state are appointed and by whom they may be removed at pleasure is a sufficient answer to the criticism of those English and American writers who assert that the French administrative courts are the docile and servile instruments of the government, and that in controversies between the administration and private individuals their decisions are generally in favor of the administration.
Norway Moves Toward the Right
Authors: Arneson Ben A. 
Published: May 2006

Losses by the Labor party—looked upon as one of the most radical of Western European labor parties—and gains by the non-socialist groups at the Storting elections on October 20, 1930, resulted in a notable, though not a decisive, move toward the right in Norwegian parliamentary politics. The move was a remarkable one in that the Labor party lost 12 of its 59 seats in the Storting; the Conservative party added 13 to the 31 seats it already held; and the Communists, who had held three seats, were unable to elect a single representative. The move lacked decisiveness, however, because the Laborites, in spite of their losses, still constitute the largest parliamentary party. At the same time, the popular vote registered for the party was the largest ever given to any Labor or Socialist group in the history of Norway. The Conservatives did not take over the government, and the Radical government under the premiership of Mowinckel continued. While the Radicals joined with the other non-socialist parties in the fight against Labor, it advocates, nevertheless, a progressive social program. Furthermore, the present move to the right is not nearly so marked as was the move to the left in the last triennial election in 1927. The new Storting remains farther to the left than was the Storting before the 1927 elections.The chief reason why this election deserves attention is that in it there were placed before a literate, alert, and intelligent electorate—representing a homogeneous people with a democratic background—vital issues involving the acceptance or rejection of an advanced socialistic program.
Constitutional Developments in China
Authors: Fairlie John A. 
Published: May 2006

The National People's Convention held in May, 1931, and the provisional constitution adopted by it, mark a stage in the development of modern political institutions in China. But it is as yet too early to determine how successful these will be in establishing a permanently stable government.Calling the Convention was itself an indication that a relative degree of stability had been attained, following the agreement between the Nanking government and Marshal Chang Hsueh-liang in Manchuria and the defeat of the northern opposition under Generals Feng and Yen. But the decision to call the Convention developed internal differences in Nanking, leading to the retirement of Hu Han-min, head of the Legislative Yuan, who has been kept under guard. This in turn aroused distrust in Canton, which led to the open revolt of several southern provinces on the eve of the Convention's meeting. This movement has come about by one of the curious realignments of political leaders and generals, bringing together the more conservative and more radical elements in the Kuomintang, with suggestions of possible combinations with the recently defeated northern generals and other opposition elements in the interior.
Swiss Treaty Initiative
Authors: Brooks Robert C. 
Published: May 2006

Since the referendum on the League of Nations of May 16, 1920, the most important question to be dealt with by the Swiss people was the initiative on treaties, accepted January 30 of this year. The initiative was presented in the form of an amendment to Article 89 of the federal constitution (the referendum article), and may be translated as follows:“Treaties with foreign powers which are concluded without limit of time or for a period of more than fifteen years shall also be submitted to the people for acceptance or rejection upon demand of 30,000 Swiss citizens qualified to vote, or of eight cantons.”
The Historical Approach to the New Deal
Authors: Beard Charles A. 
Published: May 2006

With astounding profusion, the presses are pouring out books, pamphlets, and articles on the New Deal. Economists, publicists, politicians, statesmen, editors, and prognosticators are “describing,” “interpreting,” and “forecasting” the outcome and results of the legislative and executive actions coming within the scope of the New Deal since March 4, 1933. This is proper and natural enough. It is inevitable.But few of the writers guilty of publication have prefaced their reflections with due notice to the readers respecting the assumptions, methods of reasoning, hopes, fears, and desires actuating their thought at the beginning of their thinking about the description, interpretation, and forecasting operations. Most of them, probably, would say that it is academic to stop to think about what one is doing when one begins to think about social phenomena such as are embraced within the field of the New Deal; but the saying would be an escape, a dodge, or a trick. Why? Because nothing can be described in itself.
Political Developments and Tendencies
Authors: Fairlie John A. 
Published: May 2006

It has seemed fitting, at this second meeting of the Association in New Orleans, where it was organized a quarter of a century ago, to give some attention to significant happenings during this period, in the affairs of the Association, in the field of political action, and in the analysis and interpretation of political phenomena. At least two former presidents have discussed some phases of these topics; but there is perhaps room for a difference of approach and emphasis.When this Association was organized, the systematic study and teaching of political problems was but slightly developed. Only a few courses in public law and government were given in some of the larger universities. Of the twenty-five persons who were present at the organization of the Association, and the 214 who became members during the first year, a large proportion were primarily interested in history, economics, and other social studies with political bearings, rather than in political problems themselves.In the constitution of the Association, its object was stated to be: “The encouragement of the scientific study of politics, public law, administration, and diplomacy.” In the first presidential address, President Goodnow outlined the field of work of the Association as including political theory, constitutional and administrative law, comparative legislation, historical and comparative jurisprudence, and political parties. He also noted the opportunity of the Association to secure the active coöperation of teachers of these subjects, and to bring together the student and those actively engaged in political life. A further indication of the plans of those who established the Association may be seen in the appointment of a series of standing committees on different branches of the field outlined, and the reorganization of these a year later into sections.
The Constitutional Crisis in Austria
Authors: Graham Malbone W. 
Published: May 2006

Constitutionalism, in Austria, is not a new slogan. It was a phrase to conjure with during the entire lifetime of Francis Joseph, though in practice the whole history of the country down to the revolution of 1918 was its virtual negation. Only in the latter days of the monarchy, when the scepter passed from the hands of Francis Joseph to the inexperienced young emperor Karl, was a modicum of popular expression allowed to supplant the personal autocracy of the sovereign. The old Austria passed out of existence in 1918 without the successful implantation of a régime of liberal legality in any of its parts.The young Austrian Republic, coming into existence in the hour of the Empire's dissolution, thus inherited a legacy of unconstitutional government, and only the solidity of socialist and clerical party organization, bred of the stress and strain of clashing conceptions of the social order, gave support to the government in the days when social revolution swept almost to the doors of Vienna. It was under such circumstances that Austria entered, in 1918, upon the way of constitutionalism and sought, through her provisional instruments of government, to avoid the autocratic excesses of the past and avert the impending perils of a proletarian dictatorship.In a series of revolutionary pronouncements and decisions of her provisional assembly, she discarded, under socialist leadership, the arbitrary régime attendant on the monarchy, and, establishing a unitary democratic republic with far-reaching local self-government as a stepping-stone toward union with Germany, inaugurated a régime of unquestioned parliamentary supremacy, strict ministerial responsibility, virtual executive impotence, and extensive socialization.
Higher Officials in the Philippine Civil Service
Authors: Hayden Ralston 
Published: May 2006

In his instructions to the second Philippine Commission, President McKinley designated “the establishment of a system to secure an efficient civil service” as one of the first tasks that this body should undertake upon its assumption of legislative power in September, 1900. Pursuant to the direction of the president, one of the earliest statutes enacted by the Commission—the fifth—was a civil service law. Many other statements and actions reveal that virtually all of the Americans who were primarily responsible for the establishment of modernized political institutions in the Philippine Islands recognized that a civil service based upon the merit system and divorced from politics was essential to the success of the program of the United States in its great Oriental dependency. Today the character of the Philippine civil service is one of the criteria by which the results of that program may be judged.As part of a study of this institution, the writer has made inquiry into the antecedents, the education, and the careers of the higher administrative officials of the Philippine government. Data were secured from the service records of 56 of the under-secretaries, bureau chiefs, and assistant chiefs, and in almost every instance was supplemented by a personal interview.
Canadian Federalism: Report of the Royal Commission on Dominion-Provincial Relations
Authors: Gettys Luella 
Published: May 2006

The epochal Report of the Canadian Royal Commission on Dominion-Provincial Relations represents the first comprehensive investigation of the governmental system of Canada since Confederation in 1867. Not only does the survey reflect the unique features and problems of the Canadian federation, but it also constitutes an outstanding addition to the general literature on federalism.The Commission was appointed in August, 1937, to make a “re-examination of the economic and financial basis of Confederation and of the distribution of legislative powers in the light of the economic and social developments of the last seventy years.” In making its inquiry, the Coimmission established a research staff, directed by Alex Skelton, of the Research Department of the Bank of Canada, to make detailed studies of various aspects of the federal problem. The Commission was able to draw to its service outstanding Canadian scholars and experts in the fields of economics, political science, public finance, constitutional law, and history. The Commission, however, did not rely solely on its research staff.
The Lack of a Budgetary Theory
Authors: Key V. O. 
Published: May 2006

On the most significant aspect of public budgeting, i.e., the allocation of expenditures among different purposes so as to achieve the greatest return, American budgetary literature is singularly arid. Toilers in the budgetary field have busied themselves primarily with the organization and procedure for budget preparation, the forms for the submission of requests for funds, the form of the budget document itself, and like questions. That these things have deserved the consideration given them cannot be denied when the unbelievable resistance to the adoption of the most rudimentary essentials of budgeting is recalled and their unsatisfactory condition in many jurisdictions even now is observed. Nevertheless, the absorption of energies in the establishment of the mechanical foundations for budgeting has diverted attention from the basic budgeting problem (on the expenditure side), namely: On what basis shall it be decided to allocate x dollars to activity A instead of activity B?Writers on budgeting say little or nothing about the purely economic aspects of public expenditure. “Economics,” says Professor Robbins, “is the science which studies human behavior as a relationship between ends and scarce means which have alternative uses.” Whether budgetary behavior is economic or political is open to fruitless debate; nevertheless, the point of view and the mode of thought of the economic theorist are relevant, both in the study of and action concerning public expenditure.
Organization of the Executive Branch of the National Government of the United States: Changes between July 16 and November 15, 1941
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.Coast Guard. Transferred from the Treasury Department to the Navy Department by Executive Order 8929 of November 1, 1941, under authority of the act of January 28, 1915 (38 Stat. 800). On April 7, 1917, the Coast Guard was transferred to the Navy by Executive Order 2587, and on August 28, 1919, it was returned to the Treasury Department by Executive Order 3160.
Post-War Problems in Our Latin-American Relations
Authors: Munro Dana G. 
Published: May 2006

Any discussion of postwar problems in our relations with Latin America must begin with a consideration of the great changes which have taken place in hemisphere relations during the war period. Since 1939, the American Republics have achieved a degree of coöperation in international matters which would hardly have seemed possible a few years earlier, and today all but one of the nations of the Continent are helping the United States either as belligerents or as non-belligerents in the prosecution of the war.On the military side, our neighbors have given us bases for our Naval and Air Forces and have strengthened their own armed forces, in most cases with the aid of missions from our Army and Navy. Some of them have taken an active part in anti-submarine operations, and Brazil is preparing to send forces abroad. On the political side, they have set up machinery for coöperation in dealing with fifth column and other hostile activities. The importance of their coöperation in these matters is inestimable. Of still more significance, perhaps, has been their economic aid.
Research Facilities and Materials at The National Archives
Authors: Grover Wayne C. 
Published: May 2006

The National Archives was established in 1934 as an independent agency. The primary objectives of its staff have been described by the Archivist as, first, the concentration and preservation in the National Archives Building of non-current federal archives having permanent or long-time administrative value or historical interest; and, second, “the administration of such archives so as to facilitate their use in the business of the Government and in the service of scholarship.” Operations were begun in 1935 with a survey of federal records located in and near the District of Columbia. As it drew to a conclusion in 1939, the survey had resulted in the accumulation of reports on a total of 2,729,393 cubic feet of records.Transfer of records to the National Archives Building was begun in December, 1935, and during the next four years more than 200,000 cubic feet of paper records were received. The materials, representing accessions from all 10 executive departments, some 30 independent agencies, four federal courts, and the United States Senate, occupied at the end of 1939 about one-fourth of the available stack space in the building. Non-current materials continue to be received daily, and although there are indications that the rate of transfer is leveling off, it will probably be some years before the century and a half of record accumulations will have been completely dealt with.