Fordham Law Review Volume 12 Issue 3 Article 1 1943 The Schneiderman Case–Its Political Aspects N. S. Timasheff Fordham University Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation N. S. Timasheff, The Schneiderman Case–Its Political Aspects, 12 Fordham L. Rev. 209 (1943). Available at: https://ir.lawnet.fordham.edu/flr/vol12/iss3/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. FORDHAM LAW REVIEW VOLUME XII NOVEMBER, 1943 NUMBER 3 THE SCHNEIDERMAN CASE - ITS POLITICAL ASPECTS N. S. TIMASHEFFf I IS IT, or is it not possible, to be a loyal member of the Communist Party and, at the same time, to be attached to the principles of the American Constitution? In United States v. Schneiderman, the Supreme Court decided that it is possible. ,The contention of this paper is that it is not. The Workers Patty of America, the legal superstructure over the underground Communist Party of America, gives a strict 'definitioff of the conditions of membership. According to this definition, only he is a member of the Party who accepts the principles and tactics of the Party, agrees to submit to Party discipline and is willing to engage actively in its work. It is well known that the Party discipline is rigidly enforced to the purpose of securing, among the Party members, com- plete identity of views on short and long range problems.' The program of the Party is merely a restatement of the well known Communist doctrine, first formulated by Marx and Engels in the Com- munist Manifesto (1847) and, later on, expanded and interpreted by the two authors and their disciples among whom Lenin and Stalin have gained prominence.