Permanent Officials in the National Administration of the United States

1927 ◽  
Vol 21 (3) ◽  
pp. 529-536
Author(s):  
Frank O. Lowden

The tendency of all government is toward bureaucracy. The government official is inclined to exaggerate the importance of his office. He is constantly tempted to expand its scope. He is properly jealous of his authority. He looks askance upon the activities of other officials who seem to be trespassing upon his ground. In his construction of the law he is prone to insist upon the letter which killeth but to overlook the spirit which giveth life.I think that this tendency is inevitable. It is inseparable from zeal and pride, and these qualities are essential to successful administration. Where, however, the enterprise is a vast one, as in government, or as in a great business organization, these tendencies, if left uncontrolled, are likely to inflict serious injury upon the service. There will be constant friction among the various subdivisions of the particular department. At times the activities of one will neutralize the activities of the other. A set of arbitrary rules is likely to be evolved which will vex everyone who comes in contact with the particular bureau. The original purpose of the creation of the bureau is finally lost sight of, and it is likely to seem to those who direct it an end and not a means.

1992 ◽  
Vol 32 (290) ◽  
pp. 446-451 ◽  
Author(s):  
Alejandro Valencia Villa

Over the years the Americas have made significant contributions to the development of international humanitarian law. These include three nineteenth-century texts which constitute the earliest modern foundations of the law of armed conflict. The first is a treaty, signed on 26 November 1820 by the liberator Simón Bolívar and the peacemaker Pablo Morillo, which applied the rules of international conflict to a civil war. The second is a Spanish-American work entitled Principios de Derecho de Genres (Principles of the Law of Nations), which was published in 1832 by Andrés Bello. This work dealt systematically with the various aspects and consequences of war. The third is a legal instrument, signed on 24 April 1863 by United States President Abraham Lincoln, which codified the first body of law on internal conflict under the heading “Instructions for the Government of Armies of the United States in the Field” (General Orders No. 100). This instrument, known as the Lieber Code, was adopted as the new code of conduct for the armies of the Union during the American Civil War.


Polar Record ◽  
2009 ◽  
Vol 45 (3) ◽  
pp. 237-241
Author(s):  
Janice Cavell ◽  
Jeff Noakes

ABSTRACTConfusion has long existed on the subject of Vilhjalmur Stefansson's citizenship. A Canadian (that is, a British subject) by birth, Stefansson was brought up and educated in the United States. When his father became an American citizen in 1887, according to the laws of the time Stefansson too became an American. Dual citizenship was not then permitted by either the British or the American laws. Therefore, Stefansson was no longer a British subject. After he took command of the government sponsored Canadian Arctic Expedition in 1913, Stefansson was careful to give the impression that his status had never changed. Although Stefansson swore an oath of allegiance to King George V in May 1913, he did not take the other steps that would have been required to restore him to being Canadian. But, by an American act passed in 1907, this oath meant the loss of Stefansson's American citizenship. In the 1930s American officials informed Stefansson that he must apply for naturalisation in order to regain it. From 1913 until he received his American citizenship papers in 1937, Stefansson was a man without a country.


1977 ◽  
Vol 5 (3) ◽  
pp. 347-358 ◽  
Author(s):  
Adolf Sprudzs

Among the many old and new actors on the international stage of nations the United States is one of the most active and most important. The U.S. is a member of most existing intergovernmental organizations, participates in hundreds upon hundreds of international conferences and meetings every year and, in conducting her bilateral and multilateral relations with the other members of the community of nations, contributes very substantially to the development of contemporary international law. The Government of the United States has a policy of promptly informing the public about developments in its relations with other countries through a number of documentary publication, issued by the Department of State


1948 ◽  
Vol 2 (2) ◽  
pp. 387-388

On January 16,1948, the United States High Commissioner for Austria (Keyes) proposed to the other members of the Allied Commission the restoration to the Austrian Government of numerous controls previously exercised by the Commission. To assist the Austrian Government in assuming such controls as soon as possible, the United States suggested that the Directorates of the Commission examine the controls within their spheres of authority and decide which might be passed to the government. Functions suggested for transfer under the United States proposal included: civil aviation; allocation of food and electric power; control of the movement and distribution of indigenous food supplies; control over travel into and out of Austria; administration of the educational system; control of the operation, arming and equipping of Austrian police and frontier control agencies; and internal and international communications. The United States also proposed a reduction of occupation costs and occupation forces and the abolition of censorship.


1912 ◽  
Vol 6 (1) ◽  
pp. 70-85
Author(s):  
James Brown Scott ◽  
George F. Seward

It is common knowledge that the United States was originally settled either by God-fearing men and women fleeing from persecution, or by political refugees who were unable to bring about reforms which they believed essential to good government and were unwilling to comply with the state of affaire existing in the Old World, or, finally, by those who, unfortunate at home, were desirous of bettering their condition in the New World. The Pilgrim and the Puritan, the Episcopalian and the Catholic, the Quaker, the Presbyterian and the Lutheran settled the Atlantic Coast. The roundhead and the cavalier, the rich and the poor and the inmate of the debtor’s prison found themselves side by side upon a plane of equality without the traditions and the conservatism of an older world. Whether the colony was composed of Puritans and manifested intolerance to the protestant brother of a different faith; whether the settlement remained loyal to the Church of England, as Virginia, or favored the Catholic, as Maryland, or freely accepted the law-abiding without questioning his religion, as the Quakers of Pennsylvania, the principle of religious toleration steadily gained ground, and by the time of the Revolution it may be said generally that religious differences ceased to influence men or their conduct toward each other, by virtue of a conception of liberty which embraced not merely the right to and protection of property but the freedom of thought, of speech and of public worship. The example of Virginia, which in 1786 established religious freedom by statute, profoundly influenced the Federal Government and the various States of the Union; for, by the First Amendment to the Constitution of the United States, it is provided that “Congress shall make no law respecting the establishment of a religion, or prohibiting the free exercise thereof,” and the States of the American Union have, in their various Constitutions, placed the same restriction upon their legislatures. The amendment of the Constitution and the like provisions in State Constitutions were not dictated by indifference or hostility to the principles of the Christian religion, but aimed to prevent not merely the establishment of any one form of religion, however widely spread, but to establish upon a firm footing the right before the law of every religious sect.


1906 ◽  
Vol 1 (1) ◽  
pp. 1-16 ◽  
Author(s):  
A. Maurice Low

A century of constitutional government in the United States has served to emphasize the wisdom of Hamilton's warning of “the tendency of the legislative authority to absorb every other.” He clearly foresaw and attempted to guard against, dangers that today are only too apparent. “In governments purely republican,” he wrote, “this tendency is almost irresistible. The representatives of the people, in a popular assembly, seem sometimes to fancy that they are the people themselves, and betray strong symptoms of impatience and disgust at the least sign of opposition from any other quarter; as if the exercise of its rights, by either the executive or the judiciary, were a breach of their privilege and an outrage to their dignity. They often appear disposed to exert an imperious control over the other departments; and, as they commonly have the people on their side, they always act with such momentum as to make it very difficult for the other members of the government to maintain the balance of the Constitution.”Never did human ingenuity devise a more nicely balanced system of government than when the framers of the Constitution allocated to the executive and to the legislature the exercise of powers not to be infringed by the other; but like many things human the intent has been perverted. Every person familiar with the Constitution, the debates in the convention, and the writings of Madison, Hamilton, and Jay in The Federalist, must know that the purpose of the framers of the Constitution was to create a system of government by which the President should become neither the creature nor the controller of the legislature; and by vesting certain exclusive powers in the popular branch and certain other powers in the Senate to provide that the line of demarcation between the two houses should not be overstepped.


1957 ◽  
Vol 11 (3) ◽  
pp. 497-504

At the request of the United States, the Council met on April 26 to resume consideration of the Suez question. The Council had before it an Egyptian declaration on the Suez Canal and the arrangements for its operation, dated April 24, in which the government of Egypt announced that the Canal was again open for normal traffic. The declaration on arrangements for its operation comprised the following ten points: 1) The terms and the spirit of the Constantinople Convention of 1888 were reaffirmed, the Egyptian government declaring its intention to respect, observe and implement them; 2) While reaffirming its determination to respect the terms and spirit of the 1888 Convention and to abide by the Charter and the principles and purposes of the UN, the government of Egypt was confident that the other signatories of the said Convention and all others concerned would be guided by the same resolve; 3) The government of Egypt was more particularly determined a) to afford and maintain free and uninterrupted navigation for all nations within the limits of and in accordance with the provisions of the 1888 Convention; b) that tolls should continue to be levied in accordance with the last agreement, concluded on April 28, 1956, between Egypt and the Suez Canal Maritime Company, and that any increase in the current rate of tolls within any twelve months, if it took place, should be limited to 1 percent, any increase beyond that level to be the result of negotiations, and, failing agreement, to be settled by arbitration according to the procedure set forth in paragraph 7(b) of the declaration; and c) that the Canal would be maintained and developed in accordance with the progressive requirements of modern navigation and that such maintenance and development should include the eighth and ninth programs of the Suez Canal Maritime Company, with such improvements to them as were considered necessary


Author(s):  
M. E. Chen ◽  
C. K. Davis

The U.S. government is making strides to provide electronic access to government agencies and services. A variety of issues are involved when implementing e-government programs such as electronic tax filing, access to drug information, and so forth. Financial, technical, personnel, and legal issues are common. Privacy issues in the creation of e-government are also of interest to both the e-government implementer and citizen. There are a variety of issues in planning and implementing projects of the scope and magnitude of e-government. Issues such as user requirements, organizational change, government regulations, and politics, as well as descriptions of planning and implementation frameworks, are important. Experience in developed countries shows that it is not difficult for people to imagine a situation where all interaction can be done 24 hours each day, 7 days each week. Many countries, including the United States, France, Australia, Greece, Canada, Singapore, and Italy have been offering government services online (West, 2004). According to Sharma and Gupta (2003), Canada, Singapore, and the United States are categorized as “innovative leaders” (p. 34) whose continued leadership in the creation of e-government and more mature online services sets them apart from other countries. Canada leads the way in e-government innovation while Singapore, the United States, Australia, Denmark, the United Kingdom, Finland, Germany, and Ireland are countries in the top-10 list. Several Asian countries such as China, Hong Kong, India, Japan, Philippines, Indonesia, Thailand, Bangladesh, and Burma have initiated the concept of e-government as well (Dodgson, 2001). An article in Federal Computer Week (Perera, 2004) reported findings of a recent poll indicating that 77% of Internet users (or some 97 million people) in the United States have gone online for government information. E-government is rapidly becoming a key priority of the government of the United States.


1943 ◽  
Vol 37 (2) ◽  
pp. 290-305
Author(s):  
Floyd M. Riddick

The course of affairs in the second session of the Seventy-seventh Congress can best be differentiated from that of all recent years if examined with the thought that the United States is in an “all-out” war. That was how the President presented the situation to Congress on January 6 in his annual message on the state of the Union. And that was the phrase frequently used throughout the year by Representatives and Senators as an argument for or against enacting controversial bills, delegating unprecedented regulative powers, or appropriating many billions of dollars to defray governmental expenses.On the other hand, while all of the recommendations for legislation embodied in the President's message were designed to bring the war more quickly to a close, Congress was asked by the Administration at various times during the year for the enactment of measures not related to the defense program, as the proposals to “rid Congress of trivia” and for settlement of claims of American nationals against the government of Mexico. The House and Senate, likewise, of their own accord, troubled themselves with such matters as the repeal of poll tax laws, the right of Senator Langer to his seat in the Senate, and the so-called “Congressional pension bill.”


2018 ◽  
Author(s):  
Thomas F. Cotter ◽  
John M. Golden ◽  
Oskar Liivak ◽  
Brian J. Love ◽  
Norman Siebrasse ◽  
...  

This chapter:(1) describes the current state of, and normative basis for, the law of reasonable royalties among the leading jurisdictions for patent infringement litigation, as well as the principal arguments for and against various practices relating to the calculation of reasonable royalties; and(2) for each of the major issues discussed, provides one or more recommendations.The chapter’s principal recommendation is that, when applying a “bottom-up” approach to estimating reasonable royalties, courts should replace the Georgia-Pacific factors (and analogous factors used outside the United States) with a smaller list of considerations, specifically:(1) calculating the incremental value of the invention and dividing it appropriately between the parties;(2) assessing market evidence, such as comparable licenses; and (3) where feasible and cost-justified, using each of these first two considerations as a “check” on the accuracy of the other.


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