Cortez A. M. Ewing

THE OVERSEAS AMERICANS. By Har lan Cleveland, Gerard J. Mangone, and John Clarke Adams. New York: McGraw-Hill, 1960, xv. 316 pp.

taxation, and incentives, however, that there is too little imagination, objectively, or specific information to distinguish his prejudices on these subjects from those prevalent among conservative businessmen for the past half century. Nonetheless, from so eminent a member of the community, insights and prejudices are alike welcome, and it is to be hoped that Columbia can encourage other thoughtful executives to speak up. C. K. YEARLEY, Jr. University of Florida

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were in fact only a grant from the nation. This view he believes is ’borne out by the fact that some three-fourths of the states have subsequently been admitted to the Union and could not have had any prior inherent powers. Congress may be the best defender of states-rights, as is witnessed by its action after the Southeastern Underwriters insurance decision, and the off-shore oil decisions. On the practical side, he opposes any new constitutional limits on the federal taxing power, believes it is not feasible to separate arbitrarily the subjects of federal and state taxation, opposes the earmarking of taxes for specific purposes, except for some pension and retirement trust funds, and believes it is not feasible normally for the federal government to collect taxes for the states. Some of the opposition by governors to federal grants-in-aid he ascribes to the fact that federal contacts upon these grants may be with subordinates of the governor or with legislative committees, thus by-passing the officials head of the

SAMUEL J. ELDERSVELD and ALBERT A. APPLEGATE. Michigan's Recounts for Governor, 1950 and 1952: A Systematic Analysis of Election Error. Pp. viii, 178. Ann Arbor: University of Michigan Press, 1954. No price:

cated analyses of the Hughes Court yet available. Chief Justice Hughes is the central figure in these pages, but he is not their hero. That role is reserved for Justice Stone. Indeed, it is probable that this is a preliminary study to the definitive biography of the latter justice that is presumably to issue from Professor Mason’s pen at some later date. If so, it holds high promise for the later work. Let it be clear that this is a highly meritorious study in its own right. This reviewer knows of no other similar essay that more completely and convincingly destroys the theory of the Supreme Court as an automatic purveyor of immutable justice or as a dispassionate arbiter of the early New Deal legislation. Merlo Pusey’s recent biography of Hughes is the latest of a long line of works to give support to this theory, and in some ways Professor Mason’s analysis of the anti=New Deal decisions of the Hughes Court is a conscious refutation of the Pusey position. Mason does concede that there is some-

WEEKS, O. DOUGLAS. Texas Presidential Politics in 1952. Public Affairs Series Number 16. Pp. x, 116. Austin: Uni versity of Texas, 1953.

discussions here or in England. The January 1946 issue of a leading British political review was almost entirely devoted to the demand that Britain should not allow herself to be drawn into the coming struggle for world power between the United States, with its satellites and its free-enterprise system, and the Soviet Union, with its satellites and its socialism. Similarly, there are people in America who declare that the United States should be &dquo;neutral&dquo;

1.25 paper;

PALMER, BEN W. Marshall and Taney. Pp. x, 281. Minneapolis: University of Minnesota Press, 1939.

2.00 cloth

3.50. FAIRMAN, CHARLES. Mr. Justice Miller and the Supreme Court 1862-1890. Pp. xii, 456. Cambridge, Mass.: Harvard University Press, 1939.

LOEWENSTEIN, KARL. Political Reconstruc tion. Pp. xii, 498. New York: The Macmillan Co., 1946.

4.50. Though different in perspective and technique of approach, these two volumes offer an insight into the judicial statesmanship, or lack of it, of the United States Supreme Court from 1800 to 1890. They duplicate in the Merryman case (1861)the point of departure for Fairman and the end of the journey for Palmer. The stories of Marshall, canonized as a saint in the constitutional jurisprudence of this country, and of Taney, accursed and stigmatized as the representative of rebellion, are already well known, and Mr. Palmer contributes little more than a brief