Congressional government : $b a study in American politicsWilson, Woodrow
History
Congressional government : $b a study in American politics
Wilson, Woodrow
Executive power -- United States; United States -- Politics and government; United States. Congress
Read in the light of the present day, such views constitute the most
striking of all commentaries upon our constitutional history. Manifestly
the powers reserved to the States were expected to serve as a very real
and potent check upon the federal government; and yet we can see plainly
enough now that this balance of state against national authorities has
proved, of all constitutional checks, the least effectual. The proof of
the pudding is the eating thereof, and we can nowadays detect in it none
of that strong flavor of state sovereignty which its cooks thought they
were giving it. It smacks, rather, of federal omnipotence, which they
thought to mix in only in very small and judicious quantities. "From the
nature of the case," as Judge Cooley says, "it was impossible that the
powers reserved to the States should constitute a restraint upon the
increase of federal power, to the extent that was at first expected. The
federal government was necessarily made the final judge of its own
authority, and the executor of its own will, and any effectual check to
the gradual amplification of its jurisdiction must therefore be found
in the construction put by those administering it upon the grants of the
Constitution, and in their own sense of constitutional obligation. And
as the true line of division between federal and state powers has, from
the very beginning, been the subject of contention and of honest
differences of opinion, it must often happen that to advance and occupy
some disputed ground will seem to the party having the power to do so a
mere matter of constitutional duty."[4]
Public-domain text, read in full here on John Shaqi.
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