Groping America Vol 2 --

For Bruni this meant tracing out the uneven evolution of local dreams of a type of popular political freedom, and delineating their progressive realization and fatuous destruction through twelve brisk books, commencing with their primeval-misty Etruscan points of origin. It is significant that his title refers to the Florentine people and not just to Florence the city: an entire civilization, and not merely a city-state in the institutional sense, is viewed as groping its way over the centuries into familiar, if for his day rather novel, notions of elected and just self-government. What remains striking for the modern reader along these lines is how early, at least from Bruni's point of view and despite the succeeding dry periods of dithering defeats, an Italian population is to be understood as romanticizing various possibilities of quasi-democracy and treating them as a virtuous enterprise.

Groping America Vol 2 --

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[1] Mr. Justice Frankfurter in the recent case of Neirbo Company and A. P. Smith Manufacturing Company et al. v. Bethlehem Shipbuilding Corporation, Ltd., 60 S. Ct. 153, 155, 84 L.Ed. ___, sums up the success of this suggestion. He says with the lucidity that is now enriching the Supreme Court decisions: "* * * It has done so largely by assimilating corporations to natural persons. The long, tortuous evolution of the methods whereby foreign corporations gained access to courts or could be brought there, is the history of judicial groping for a reconciliation between the practical position achieved by the corporation in society and a natural desire to confine the powers of these artificial creations.", citing Henderson, The Position of Foreign Corporations in American Constitutional Law, pp. 163-194. See also Warren, History of the Supreme Court, Vol. 1, p. 389, Vol. 2, p. 394, Vol. 3, p. 427; Warren, History of the Federal Judiciary Act of 1789, 37 Harvard Law Review 49, 90; Russell, Congress Should Abrogate Federal Jurisdiction over Corporations, 7 Harvard Law Review 16; Thompson, Federal Jurisdiction in Cases of Corporations, 29 American Law Review 864; Trieber, Jurisdiction of Federal Courts in Actions in Which Corporations are Parties, 39 American Law Review 564; Baldwin, A Legal Fiction with Its Wings Clipped, 41 American Law Review 38; Alitzer, Jurisdiction of Federal Courts over State Corporations, 43 American Law Review 409; Frankfurter, Distribution of Judicial Power Between United States and State Courts, 13 Cornell Law Quarterly 499; Friendly, The Historic Basis of Diversity Jurisdiction, 41 Harvard Law Review 483; compare Australasian Temperance and General Mutual Assurance Society, Ltd., v. Howe, 31 C. L.R. 290, and as to the Fourteenth Amendment, Graham, The "Conspiracy Theory" of the Fourteenth Amendment, 47 Yale Law Journal 371, Part 1; 48 Yale Law Journal 171, Part 2.

Most of us will listen anxiously tonight to Secretary Marshall's radio report to the American people, hoping that he will tell us some of the things we need to know in order to understand the present situation. Has he come to a conclusion as to what a comprehensive plan for world recovery must contain, or is he still groping? If not, what are the obstacles that make understanding so difficult and planning apparently impossible? 2ff7e9595c