Recent Innovations in Legal and Regulatory Concepts as to the Alien and his Property

1943 ◽  
Vol 37 (1) ◽  
pp. 58-73
Author(s):  
Otto C. Sommerich
Keyword(s):  
Foreign Relations ◽  
United States Supreme Court ◽  
The United States ◽  
Foreign Affairs ◽  
The Political ◽  
Emergency Situations ◽  
New Concepts ◽  
The Creation ◽  
The Government

The present totalitarian war and the emergency situations which preceded it and which are following in its wake have caused the creation of many new concepts which perhaps owe their basis to the theory that in the conduct of foreign affairs and in the conduct of war the executive arm of the government must be unhampered. In several recent cases the United States Supreme Court has held that under the Constitution the conduct of foreign relations is committed to the political departments of the Federal Government, and that the propriety of the exercise of that power is not open to judicial inquiry. However, it is now equally well settled that where a conflict of property rights under statutes and treaties is presented, the determination of these rights by the executive department is subject to review by the courts. The doctrine excluding from judicial inquiry the conduct of foreign relations by the political departments of the government has encouraged the creation of concepts which permeate the entire field relating to the alien and his property.

THE DEVELOPMENT OF THINK TANKS IN THE U.S. IN THE FIRST HALF OF THE TWENTIETH CENTURY: THE POLITICAL AND SOCIOECONOMIC CONTEXT

2020 ◽  
pp. 99-109
Author(s):  
Iana V. Shchetinskaia ◽  
Keyword(s):  
Foreign Relations ◽  
The United States ◽  
Think Tanks ◽  
Rand Corporation ◽  
The Political ◽  
International Crises ◽  
Political Factors ◽  
The Government ◽  
The U.S

Research institutions and specifically think tanks have existed and developed in the United States for more than 100 years. Since their inception, they have changed and evolved in many ways, while expanding their research foci and political impact. Since the 2010s, a few experts in the field have observed that the U.S. policy expertise is now in crisis. To understand current challenges of policy analysis institutions it is important to study them in a historical retrospective. This article explores the political and socioeconomic contexts in which think tanks emerged and developed from 1910 to the 1950-s. It particularly examines the role of international crises, as well as domestic political factors, such as the role of philanthropy organizations, institutional changes in the government, and others. It discusses how these domestic and foreign policy aspects affected the early development of the Carnegie Endowment for the International Peace (1910), the Council on Foreign Relations (1921) and the RAND Corporation (1948).

I. Organizing the Government for Participation in World Affairs

1944 ◽  
Vol 38 (5) ◽  
pp. 913-930 ◽  
Author(s):  
Walter H. C. Laves ◽  
Francis O. Wilcox
Keyword(s):  
United States ◽  
Foreign Relations ◽  
Political Stability ◽  
The United States ◽  
Foreign Affairs ◽  
Modern World ◽  
Public Servants ◽  
Authoritarian State ◽  
The Government ◽  
Post War

Looking at the post-war period, it seems obvious that the government of the United States will give more attention to foreign affairs than it has in any comparable period of American history. How can the machinery for conducting foreign relations best be organized to meet these increasing responsibilities?The conduct of foreign relations in the modern world is no simple matter. Technical experts, intelligence systems, ability to negotiate, national political stability, a large and loyal staff of public servants—these are but some of the national requisites for effective participation in world affairs. The mobilization and organization of the best staff resources in the country, the negotiation of national policies, and then of international agreements, constitute a formidable task under any system of government.The conduct of foreign relations is, of course, easiest in a completely authoritarian state. It is made immeasurably more difficult by any division of authority. In most non-authoritarian governments, some division of authority has been found desirable, even at the expense of occasional awkwardness of procedure, because thereby the dangers of usurpation of power are minimized. The United States has gone farther than any democratic country in dividing responsibility in foreign affairs. Not only is there the usual distinction between legislative and executive authority, but the independence of the two branches has been so far underlined that the achievement of over-all government policies (as distinct from legislative and executive policies) is extremely difficult unless the party relationships are just right between the two ends of Pennsylvania Avenue.

The Logan Act: Paper Tiger or Sleeping Giant?

1966 ◽  
Vol 60 (2) ◽  
pp. 268-302 ◽  
Author(s):  
Detlev F. Vagts
Keyword(s):  
United States ◽  
Criminal Law ◽  
Free Speech ◽  
Foreign Relations ◽  
The United States ◽  
Foreign Affairs ◽  
Foreign Government ◽  
Hands On ◽  
Criminal Statute ◽  
The Government

For 167 years the shadow of the Logan Act has fallen upon those Americans who trespass on the Federal monopoly of international negotiations which it creates. In theory, up to three years’ imprisonment and a $5,000 fine await those Americans who, without authority, communicate with a foreign government intending either (a) to influence that government with respect to a controversy with the United States or (b) to defeat the measures of the United States. Though only one indictment and no trial have taken place under the Act, who can tell when a new Administration, thinner skinned or harder pressed than its predecessors, may in its irritation call into play this sleeping giant? Now, at a time when domestic opposition to certain aspects of our foreign policy has reached a pitch unknown for many years, it would be well to reflect upon this curious product of the confluence of criminal law and foreign relations law before we are in fact confronted by a test of its strength. All could be the losers from an unpremeditated encounter—the defendant by finding himself, perhaps to his very great surprise, the first person subjected to the Act’s severe criminal penalties, the Government by finding itself stripped of its long accustomed protection by a ruling that the statute as it now reads is unconstitutionally vague or restrictive of free speech. Despite its long desuetude as a criminal statute, the Act represents a principle which I cannot help but think is, at its core, a salutary one; that America in sensitive dealings with other governments “speaks with one voice.” It embodies the concept of bipartisanship, that quarrels about foreign relations are fought out domestically and not with the adversary. It deters sometimes very ill-advised attempts to take the conduct of foreign affairs into foolish and unauthorized hands. On the other hand, it cuts into freedoms which we regard as having the highest value, and many of the situations in which its use has been suggested clearly involve no danger that would justify such a restraint.

A Tale of Two Leaders: German Methodists and the Nazi State

2001 ◽  
Vol 70 (2) ◽  
pp. 199-225
Author(s):  
Roland Blaich
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Foreign Relations ◽  
The United States ◽  
German Society ◽  
The Political ◽  
Nazi Regime ◽  
Confessing Church ◽  
The Government ◽  
German People

Nazi foreign policy was hampered from the start by a hostile foreign press that carried alarming reports, not only of atrocities and persecution of the political opposition and of Jews, but also of a persecution of Christians in Germany. Protestant Christians abroad were increasingly outraged by the so-called “German Christians” who, with the support of the government, gained control of the administration of the Evangelical state churches and set about to fashion a centralized Nazi church based on principles of race, blood, and soil. The militant attack by “German Christians” on Christian, as opposed to Germanic, traditions and values led to the birth of a Confessing Church, whose leaders fought to remain true to the Gospel, often at the risk of imprisonment. Such persecution resulted in calls from abroad for boycott and intervention, particularly in Britain and the United States, and threatened to complicate foreign relations for the Nazi regime at a time when Hitler was still highly vulnerable. In order to win the support of the German people and to consolidate the Nazi grip on German society, Hitler needed accomplishments in foreign policy and solutions to the German economic crisis. Both were possible only with the indulgence of foreign powers.

THE LIBERAL CONSTITUTION AND FOREIGN AFFAIRS

2010 ◽  
Vol 28 (1) ◽  
pp. 115-149
Author(s):  
Fernando R. Tesón
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Foreign Affairs ◽  
Customary Law ◽  
Trade Barriers ◽  
Customary International Law ◽  
Liberal Government ◽  
The Government ◽  
Improved Methods ◽  
The U.S

AbstractScholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of conditions, especially cost. The essay recommends improved methods to incorporate treaties and customary international law into the constitutional structure. Treaties should be approved by the whole legislature and should generally be self-executing. Customary law should be genuine, not fake, and consistent with liberal principles. Finally, based on economic theory and evidence, the essay recommends that liberal constitutions prohibit the government from erecting trade barriers. It concludes by tentatively proposing concrete constitutional language to implement these recommendations.

the presidential and the semi-presidential system

2021 ◽  
Author(s):  
Peshraw Mohammed Ameen
Keyword(s):  
Political System ◽  
The United States ◽  
Realistic Model ◽  
The Political ◽  
Kurdistan Region ◽  
Political Responsibility ◽  
Parliamentary System ◽  
Head Of State ◽  
Presidential System ◽  
The Government

In this research we dealt with the aspects of the presidential system and the semi-presidential system, and he problematic of the political system in the Kurdistan Region. Mainly The presidential system has stabilized in many important countries, and the semi-presidential concept is a new concept that can be considered a mixture of parliamentary and presidential principles. One of the features of a semi-presidential system is that the elected president is accountable to parliament. The main player is the president who is elected in direct or indirect general elections. And the United States is a model for the presidential system, and France is the most realistic model for implementing the semi-presidential system. The French political system, which lived a long period under the traditional parliamentary system, introduced new adjustments in the power structure by strengthening the powers of the executive authority vis-à-vis Parliament, and expanding the powers of the President of the Republic. In exchange for the government while remaining far from bearing political responsibility, and therefore it can be said that the French system has overcome the elements of the presidential system in terms of objectivity and retains the elements of the parliamentary system in terms of formality, so it deserves to be called the semi-presidential system. Then the political system in the Kurdistan Region is not a complete parliamentary system, and it is not a presidential system in light of the presence of a parliament with powers. Therefore, the semi-presidential system is the most appropriate political system for this region, where disputes are resolved over the authority of both the parliament and the regional president, and a political system is built stable. And that because The presence of a parliamentary majority, which supports a government based on a strategic and stable party coalition, which is one of the current problems in the Kurdistan region. This dilemma can be solved through the semi-presidential system. And in another hand The impartiality of the head of state in the relationship with the government and parliament. The head of state, with some relations with the government, can participate in legislative competencies with Parliament.

Plus ça Change: The 1922 U.S. Congressional Debate on the Balfour Declaration

2017 ◽  
Vol 47 (1) ◽  
pp. 98-106
Author(s):  
Khaled Elgindy
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Political Discourse ◽  
The United States ◽  
League Of Nations ◽  
Foreign Affairs ◽  
The Political ◽  
The Subject ◽  
Palestinian Arab ◽  
The U.S

This essay looks at the hearing held by the Foreign Affairs Committee of the U.S. House of Representatives in April 1922 on the subject of a Jewish National Home in Palestine, as well as the broader congressional debate over the Balfour Declaration at that crucial time. The landmark hearing, which took place against the backdrop of growing unrest in Palestine and just prior to the League of Nations' formal approval of Britain's Mandate over Palestine, offers a glimpse into the cultural and political mindset underpinning U.S. support for the Zionist project at the time as well as the ways in which the political discourse in the United States has, or has not, changed since then. Despite the overwhelming support for the Zionist project in Congress, which unanimously endorsed Balfour in September 1922, the hearing examined all aspects of the issue and included a remarkably diverse array of viewpoints, including both anti-Zionist Jewish and Palestinian Arab voices.

The Political Economy of John Taylor of Caroline

1980 ◽  
Vol 14 (3) ◽  
pp. 387-405 ◽  
Author(s):  
Duncan Macleod
Keyword(s):  
United States ◽  
The United States ◽  
Thomas Jefferson ◽  
The Political ◽  
Thought Processes ◽  
John Adams ◽  
John Taylor ◽  
The Government ◽  
Style Of Writing ◽  
To Receive

After years of comparative neglect John Taylor of Caroline has recently begun to receive again a degree of attention more in keeping with his true importance. That his impact upon both his own generation and upon subsequent generations of historians has always been less than it might have been is due largely to his tortured style of writing and the tortuous thought processes it reflected. John Randolph of Roanoke once commented that Taylor needed only a translator to make an impact, and Thomas Jefferson, replying to a communication from John Adams in 1814, wrote that a book received by Adams must have been Taylor's An Inquiry into the Principles and Policy of the Government of the United States: “neither the style nor the stuff of the author of Arator can ever be mistaken. [I]n the latter work, as you observe, there are some good things, but so involved in quaint, in far-fetched, affected, mystical conceipts [sic], and flimsy theories, that who can take the trouble of getting at them?” Taylor himself appeared to hold a fluent style in contempt, commenting that “A talent for fine writing is often a great misfortune to politicians.”Although Taylor's style renders study of his writings far from congenial, the consistency of his purpose and thought make it relatively easy to extract the main thrusts of his arguments. Far from a rigorous theorist he provides a running commentary upon the politics of his times. In that capacity, however, he never felt compelled to define clearly, even to himself perhaps, some of the central premises from which his arguments derived.

scholarly journals The Theory of Wetting, and the Determination of the Wetting Power of Dipping and Spraying Fluids containing a Soap Basis

1915 ◽  
Vol 7 (2) ◽  
pp. 219-239 ◽  
Author(s):  
W. F. Cooper ◽  
W. H. Nuttall
Keyword(s):  
United States ◽  
South Africa ◽  
Active Substance ◽  
Sodium Arsenite ◽  
The United States ◽  
Active Constituent ◽  
Wetting Power ◽  
The Government

The dipping of sheep and cattle, as a means of eradicating ‘scab,’ lice, ticks, etc., and the diseases which it is now known the latter may transmit, has met with such success, that compulsory dipping is now in vogue in most pastoral countries. Where compulsory dipping obtains, there must of necessity be some system of the standardisation of dips. In Queensland and South Africa, the respective Governments issue official formulae from which the stockbreeder can prepare his own dipping fluid. Only such proprietary dips, as are duly recognised by the Government, may be employed. In the United States, the regulations for the sale of proprietary dips are still more stringent. The quantity of active substance, usually sodium arsenite, nicotine or cresylic acid, is defined within very narrow limits. Further, no proprietary dip is now recognised, unless the manufacturer can furnish a ‘Field Tester,’ by means of which the stockbreeder can himself determine, in a simple and fairly trustworthy manner, the percentage of active constituent in his bath.

scholarly journals Turkey’s “Zero Problems with the Neighbors” Policy: Was It Realistic?

2017 ◽  
Vol 4 (2) ◽  
pp. 149-167 ◽  
Author(s):  
Ali Askerov
Keyword(s):  
Foreign Policy ◽  
Policy Formulation ◽  
Foreign Affairs ◽  
The Political ◽  
Special Importance ◽  
Political Leaders ◽  
National Interests ◽  
New Approach ◽  
The Government ◽  
Economic Developments

With the advancement of power in 2002, the Justice and Development Party (AKP) has introduced revolutionary policies in Turkey in various realms, including foreign affairs. The new trend in the foreign policy focused on not having problems with neighbors. This could be possible or nearly possible theoretically but eliminating century-long and deep-rooted conflicts with some of the neighbors would not be easy in practice. The new idealistic/moralistic approach necessitated new ways of policy formulation based on mutual gains and unthinkable concessions on the part of Turkey. Ankara’s new approach had given a special importance to building bridges of trust with the neighbors, which also seemed attractive to the political leaders of the neighboring states. This idealistic/moralistic approach was vulnerable to the dynamic political and economic developments in the region and the world in general. The policy did not have a power of sustainability due to the various old, new, and emerging problems around Turkey and hence, the government had to give it up gradually and take a new course of foreign policy based on realistic approaches to defend its national interests.

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