bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Federal Regulation of Lobbying Act
Authors: Zeller Belle 
Published: May 2006

Although the need for such action had long been apparent in Washington, it was not until 1946 that a federal statute was enacted for the regulation of general lobbying activities. Prior to that year, Congress had, on a number of occasions, investigated lobbying practices, and as a result had enacted measures which reached a limited number of groups engaged in them. The Public Utility Holding Company Act of 1935, the congressional act in 1936 affecting the shipping interests, and the Foreign Agents Registration Act of 1938 were important regulatory measures, but they reached only a few of the groups exerting direct and continuous influence in Washington. The Federal Regulation of Lobbying Act of August 2, 1946, is more general in its coverage; and it has been in force long enough for its effectiveness to be tested.In this article, it is my purpose (1) to supply a brief historical background for the measure referred to; (2) to examine the statute's provisions; (3) to appraise the objections raised to it; (4) to examine the actual administration of the act and point out the difficulties of enforcement, particularly during its first year; and (5) to offer recommendations for strengthening the law.
The International Law of the Future
Authors: Kunz Josef L. 
Published: May 2006

On February 28, 1942, a conference at Atlantic City was arranged by the Carnegie Endowment for International Peace to inaugurate discussions on the international law of the future. Since that time, a series of group conferences and smaller meetings have been held in various centers of the United States and Canada, at which nearly 200 men, chiefly Americans and Canadians, participated—judges, lawyers, professors, governmental officers, and men of special international experience. To assure continuity, a few persons—outstanding among them Judge Manley O. Hudson of the Harvard Law School and Professor P. E. Corbett of McGill University—were present at all the meetings, and a small committee prepared the different drafts.The aim of these informal conferences, held over a period of nearly two years, was to arrive at a community of views; and this was achieved when a Statement, growing out of successive drafts, was subscribed to by some 150 of the persons who had participated in the discussions. This document, hitherto strictly confidential, has now been released for publication. Its contents are not to be taken, either in whole or in part, to represent the individual views of any particular person who participated in the discussions.The Statement consists of six Postulates, ten Principles, and twenty-three Proposals, each explained by comment in the light of the history of international law over a period of a hundred years. The Postulates set forth the essential premises, the basic conceptions, of an effective international legal order. The Principles—so to speak, the heart of the Statement —are offered as a draft of a declaration which might be officially promulgated by the statesmen who will build the future peace. The Proposals are indications, suggestions for implementing the Principles, but are not presented as draft provisions for inclusion in an international instrument.It is the object of the present article to summarize and comment upon the Statement's principal features.
Recent Constitution-Making in France
Authors: Gooch Robert K. 
Published: May 2006

The Fourth Republic in France, which at the present fateful moment is in the early days of its uncertain career, is definitely enough established to ensure that it will forever be listed among the several régimes that have prevailed in France since the Revolution. So also, the constitution of the Fourth Republic, commonly referred to as the constitution of September 28, 1946, this being the date of its adoption by the constituent assembly that formulated it, will demand a place on the proverbially long list of constitutions of France, no matter on what basis a count may be made. This constitution was ratified by the voters on October 13, 1946.The year 1946, it will be remembered, saw the formulation of an earlier constitution in France by an earlier constituent assembly. This constitution, once drafted, succeeded in being passed by the assembly, the First National Constituent Assembly; but the closeness of the vote (309 to 249) was merely one indication of the difficulty it encountered in securing approval. The date of the adoption was April 19, 1946. The constitution was rejected at the polls on May 5, being the only constitution ever to be disapproved by the French voters.
Loss of Citizenship and Civil Rights for Conviction of Crime
Authors: Gathings James A. 
Published: May 2006

An erroneous impression appears to exist among certain people in the United States that if a person is convicted of a crime by a court of competent jurisdiction, he immediately and automatically loses his citizenship. It is apparently believed that when a citizen is convicted of a felony or a crime involving moral turpitude in either a state or national court, the person is no longer a citizen, and can never enjoy any of the rights or privileges of American citizenship for the rest of his natural life. A search of standard textbooks on American government will disclose that if the matter of the loss of citizenship or of civil rights for the conviction of crime is discussed at all, the author or authors will dismiss the topic by making the statement that citizens of the United States do not lose their citizenship for the conviction of crime; and the authors usually add that this fact is contrary to popular impression.The Fourteenth Amendment to the Constitution defines citizenship by stating that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state in which they reside. The procedure required for a person to become a citizen by naturalization is one for Congress to determine by law, and Congress has passed legislation governing it. On the other hand, the Constitution does not contain a statement providing for the loss of citizenship or expatriation in any form, whether by voluntary or involuntary act on the part of the citizen.
The First Session of the Seventy-Ninth Congress
Authors: Riddick Floyd M. 
Published: May 2006

The death of President Franklin D. Roosevelt, followed by the termination of World War II, were the two events of the year having the most direct influence on Congressional activity.The strained relation between Mr. Roosevelt and Congress had been growing increasingly tense during the last several years; it is probable that only the defense program eliminated the possibility of a complete break between the two arms of the government. Congress had been rejecting more and more items of the President's domestic program.Better relations between the President and Congress, however, were attained overnight with the arrival of Harry S. Truman at the White House. Even sentiment for Congressional reform appeared to diminish simultaneously; at least, conversations on Capitol Hill pointed to this conclusion. The new happy status seemed like a rebirth, but only for a short period; by autumn, Congress began to disagree openly with President Truman and his attempt to direct the legislative program.
Constitutional Law in 1951–1952
Authors: Fellman David 
Published: May 2006

The 1951 Term of the Supreme Court, during which there was no change in its makeup, continued to exhibit the behavior pattern of the previous Term, both in the mechanics of operation and the drift of decision. The work of the Truman Court is a compound of new Justices and the shifting concatenation of historical forces. It operates amidst the strains and tensions of the Cold War. The leading cases of this Term, dealing with such subjects as presidential seizure of private property, the treatment of aliens, by-products of the trials of Communists, and the pressure on civil liberties generally, all reflect the push of current history.The total number of dispositions during the 1951 Term, 1207, was almost the same as the number for the 1950 Term, which was 1202. There were only 83 signed opinions, as compared with 98 in the 1950 Term and 87 in the 1949 Term. Twenty-five years ago the number of signed opinions averaged around 200 per Term. The reduction in the number of signed opinions was matched by a growing number of dispositions on the merits by memorandum order. The Court disposed of 200 cases on the merits; 101 came up by appeal (in about equal numbers from the federal district courts and the state courts) and 99 reached the Court on certiorari (72 from the federal Courts of Appeals, 24 from state courts, and 2 from the Court of Claims). The Court continued to keep a tight rein on its discretionary jurisdiction.
Audio-Visual Media and Political Science Teaching
Authors: Weintraub Ruth G. 
Published: May 2006

In 1940, a total of 1,500,000 students (16 per cent of the 18–21-year-olds) were in attendance in American colleges. This was before the advent of G.I. education, which brought the figure up to 2,350,000 (24 per cent of the 18–21-year-olds).These vast numbers of students, presenting a challenge to the present generation of college teachers, are of particular portent to the political scientist. The latter, relying largely in the past on his own interpretation of the subject matter based upon standard texts as “the method” for courses in government, is faced with the problem of mass education; as a result, some of the standard teaching techniques are ineffectual. Under these conditions, to what extent can technological changes in mass communication media which have for the most part been ignored at the college level make a contribution?Audio-visual materials are available and in standard use in medical schools; teaching operative procedures from a televised performance was a regular part of the last medical convention at Atlantic City. Science equipment consisting of laboratories, museums, Balopticans, slide projectors, and motion picture machines are standard for science departments. Even college budget officers, immune to faculty pressure of various types, are sensitive to the demands of science departments for equipment. Such sensitivity, however, does not apply to the social sciences; budget officers still need to be convinced that social science departments have equipment requirements, beyond an allotment to the library for new books.
Sovereignty and Democracy in the Japanese Constitution
Authors: Kawai Kazuo 
Published: May 2006

Some revision of the present Japanese constitution probably cannot long be put off. Often referred to as the “MacArthur Constitution,” it is open to the charge that it needs to be brought into accord with Japan's restored status of independence.Although the immediate pressure for change is directed at the existing constitutional ban on rearmament, a more important change that can be anticipated will concern the position of the emperor in relation to the locus of sovereignty. This bears directly on the basic nature of the Japanese state, the central problem of the most bitter controversy in Japanese constitutional history. This problem, now dormant, is likely to be revived very soon, for the present constitution's treatment of the status of the emperor is highly vulnerable on substantive, procedural, and historical grounds.
Politics and Religion: Luther's Simplistic Imperative
Authors: Wolin Sheldon S. 
Published: May 2006

The encounter between the human mind and the outside world is the essence of speculation. The dramatic element in the encounter has been provided by man's assertion that mind is capable of comprehending and ordering the world about him. This same “epistemological presumptuousness,” which we associate instinctively with the spectacular successes of the natural sciences, has also been implicit in the enterprise of political theory. Here, too, the claim is that the human intellect can understand all of the complex interrelationships of a political order. In some ways this claim is even more assertive than that of the natural scientist. The theorist seeks not only to analyze and explain certain phenomena, but to prescribe more satisfactory patterns.Given the complexity of the subject matter of politics and the finite character of the human mind, it is not surprising that the ideas of political theorists lend themselves to diverse interpretations at the hands of later commentators. Disagreement in interpretation, however, can take one of two forms: it may turn on a question concerning a particular idea, meaning, or emphasis; or it may find the interpreters taking diametrically opposed positions concerning the basic tendency of a given set of political ideas.
An Introduction to the Senate Policy Committees
Authors: Bone Hugh A. 
Published: May 2006

The subject of party responsibility for public policy in Congress has commanded much attention among political scientists. Creation of the Senate party policy committees in 1947 with legal sanction and public appropriations was heralded by some political scientists as a major step in the direction of centralizing and evolving a so-called party program. These committees have now been in operation for nine years, during which the Republican and Democratic bodies have each served about the same amount of time in the majority and minority. The committees may be said to have passed the experimental stage. Notwithstanding this, there is a paucity of material, both descriptive and analytical, concerning their operations.In 1951 extensive hearings were held to evaluate the operation of the Legislative Reorganization Act. Yet none of the three Democratic Policy Committee chairmen—Senators Barkley, Lucas, and McFarland, nor any member of their staffs appeared to testify. Senator Robert A. Taft, Republican Policy Committee Chairman, made no reference to his committee when discussing the Act.
Responses to Planned Political Change in a Tanganyika Tribal Group
Authors: Liebenow J. Gus 
Published: May 2006

The rapid succession in which independence or a large measure of self-government has been achieved by dependent territories in Africa has been one of the more striking political phenomena of the postwar period. It would be rash indeed to prophesy the total eclipse of colonialism in the modern world, for the situations obtaining in Eastern Europe and Southeast Asia, as well as the fears expressed by the Ashanti in the Gold Coast and the southern tribesmen in the Sudan regarding the shape of the independent state, can be indications that political dependency can be reasserted in new forms. Nevertheless, the brand of Western colonialism which reached its zenith prior to World War I appears to be drawing to a close, and in a number of instances the metropolitan power concerned is actually planning the liquidation of its empire.The causes of this vaporization of colonialism in Africa are complex. In some cases the significant factor is rooted in international politics, as in the military defeat of Italy or the encouragement given by Arab and Asian states to rising nationalist groups. In other instances the financial position of the metropolitan country or the anti-colonial policy of a major political party has been the crucial factor.
Political Science and Science Fiction
Authors: Roche John P. 
Published: May 2006

I want to dissent initially from the rather constricting frame of reference that Schubert has established in his paper. He has every right in the world to set rhetorical snares, but I have no intention of walking into them. If I may summarize, Schubert asserts that he is a spokesman for a radical new direction in the study of public law, claiming that the old ways are moribund. He further urges that we should look with envy at the creative function of the social psychologists who supplied the Supreme Court with the banners it carried in Brown v. Board of Education while we were bumbling around with historical and philosophical trivia. He concludes that instead of wasting our time with talmudic disputations on whether the Supreme Court reached the “right” or the “wrong” decisions in specific cases, we should settle down to build a firm “scientific” foundation for our discipline.Not the least amusing aspect of this indictment is that I find myself billed as the defender of the ancien régime, as the de Maistre of public law. Therefore, for the benetfit of the young and impressionistic, let me break loose from Schubert's rhetorical trap: I too think that much of the research done in public law—and, for that matter, in political science generally—has been trivial.
Power, Principle, and the Doctrine of the Mouvement Républicain Populaire
Authors: Yates Willard Ross 
Published: May 2006

The French political scientist Jean-Jacques Chevallier tells of a young writer who was explaining his ideas to Maurice Barrès. “I understand your ideas well enough,” declared Barrès, “but your thirst?” That is, what is the fundamental idea, the guiding passion which has led you to express yourself in this way, and which will explain the inner meaning and coherence of your ideas? The fundamental desire of Machiavelli in writing the Prince was the unification of Italy. A passion for popular government was the guiding idea behind the Social Contract of Rousseau. The “thirst” of the Mouvement Républicain Populaire during the first three years of its existence consisted of two incompatible aims, namely, a desire to spread the ideals of Christian Democracy and a desire for immediate electoral success.The clash between these two aims first occurred in 1944 when a group of leaders of the Resistance to Vichy and the German occupation seized an opportunity to organize a Christian Democratic party, the M.R.P. The conflict continued throughout 1945 and 1946 when the Provisional Government of General Charles de Gaulle and the two constituent assemblies successively governed France. During this period, the M.R.P. achieved its greatest electoral triumphs.
Hacker's Liberal Democracy and Social Control: A Critique
Authors: Cook Samuel Dubois 
Published: May 2006

The essence of Hacker's construction is the theory of the ruling class. Immediately, one thinks of Marx, Mosca, Michels, Pareto, and several Americans who have espoused, in one form or another, oligarchic doctrines. What most sharply distinguishes Hacker from most theorists of this persuasion is the absence of presuppositions of historical inevitability. Seeking only to describe sequences and relations of the past and present, he makes no claims of omniscience, of knowing what the social process must unfold. Neither is his theory normative.Yet, apart from details and variations, there is a crucial framework of meaning which discloses Hacker's close affinity with the essence of conventional oligarchic doctrines: the few rule, the many simply obey; the governors, in substance if not in form, are free from compulsion to answer to the governed. Historically, and indeed currently, Hacker asserts, genuine power has been and is the exclusive or, at least, the primary possession of a privileged few. True, the composition and foundation of the governing class have changed, but this change, he continues, did not bring in its wake a widening or deepening of the structure of power in American culture. It merely means the substitution of one set of masters or controllers for another. After all, a monopoly of power is a monopoly, whether its source be deference or manipulation. Both, he avers, “permit a few men to rule many men.” Neither system of power allows the personnel and the general policies of government to be the product of voluntary and active consent. In both contexts, the ruled, not the rulers, are the object of control. “Both deference and manipulation are similar in that they are control.” Such, then, is Hacker's relation to the essence of oligarchic thought. What can be said of the validity of his formulation?
Operative Doctrines of Representation
Authors: Gilbert Charles E. 
Published: May 2006

The main point of this article is to identify some traditions of American thought that figure in analysis of the distinctively democratic aspects of government. The discussion is centered on doctrines of “representation.” While that term has a generally understood meaning, its application in specific contexts depends upon values and expectations closely related to other largely procedural aspects of politics; and together these perspectives figure in appraisals and decisions of policy.The “distinctively democratic aspects of government” have broadly to do, I think, with relations between public officials and the population. These can be conceptualized and described in terms of institutions, influence, identification, or exchange, and are so treated in various positive or empirical approaches. At the points where normative critique and empirical description join, the literature of American political science seems to have converged on several broad concerns that tend to organize and orient discussion—e.g., representation, responsibility, rationality, and lately, the “public interest,” of which “representation” surely has the clearest empirical reference. These are overlapping or intersecting concerns. They emphasize different aspects of government and different blends of calculation and control (or intellectual versus institutional elements); but they do not refer to distinct phenomena, and they relate to common normative traditions. Such terms are often, I think, of dubious utility because they tend to obscure the more detailed values at stake in action or discussion and perhaps thereby to discourage more pointed empirical inquiry relevant to those values. However that may be, the interrelatedness of these concerns and the broad relevance of “representation” can be briefly indicated.
How Much Economic Sharing in American Federalism?
Authors: Cohen Jacob , Grodzins Moeton 
Published: May 2006

We present in this paper an economic analysis of American federalism as a system of shared functions. Recent political studies have suggested that the federal, state and local governments may be viewed as closely meshed parts of a single system. Functions are not neatly parceled out among the many units, or along the three planes, of the federal system. Rather, it is difficult to find any governmental activity performed by a given plane of government which does not involve the other planes in important and continuing responsibilities. Decision-making power, as well as administration, is shared. Formally, as in grant-in-aid programs, and informally, as in the cooperation of federal, state, and local law enforcement officers, the three planes of government work substantially as one in the fulfillment of common purposes.It is possible to formulate an economic counterpart to the hypothesis of political sharing, as follows:Despite apparent diversities in the fiscal activities of the federal government, on the one hand, and state-local governments, on the other, an essential consistency marks the economic impacts of these two planes of government. In political analysis the sharing hypothesis relies for demonstration on descriptive studies of the common involvement of the federal, state, and local governments in the entire range of their activities. More quantitative criteria can be applied in testing economic impacts.Three types of economic impacts of government can be distinguished: on the allocation of resources between public and private use; on the level of aggregate demand (income and employment); and on the distribution of income among households. These are the major categories of economic impact with which the economist deals. They are distinct areas: the resource-shifting effect of government, for example, is analytically separate from the equalization-of-income effect.