Congressional government : $b a study in American politics — John Shaqi
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
Hamilton's wonderful financial administration, and around which
afterwards, as then, played so many of the lightnings of party strife.
But the Bank of the United States, though great, was not the greatest
of the creations of that lusty and seductive doctrine. Given out, at
length, with the sanction of the federal Supreme Court,[8] and
containing, as it did, in its manifest character as a doctrine of
legislative prerogative, a very vigorous principle of constitutional
growth, it quickly constituted Congress the dominant, nay, the
irresistible, power of the federal system, relegating some of the chief
balances of the Constitution to an insignificant role in the "literary
theory" of our institutions.
Its effect upon the status of the States in the federal system was
several-fold. In the first place, it clearly put the constitutions of
the States at a great disadvantage, inasmuch as there was in them no
like principle of growth. Their stationary sovereignty could by no means
keep pace with the nimble progress of federal influence in the new
spheres thus opened up to it. The doctrine of implied powers was
evidently both facile and irresistible. It concerned the political
discretion of the national legislative power, and could, therefore,
elude all obstacles of judicial interference; for the Supreme Court very
early declared itself without authority to question the legislature's
privilege of determining the nature and extent of its own powers in the
choice of means for giving effect to its constitutional prerogatives,
and it has long stood as an accepted canon of judicial action, that
judges should be very slow to oppose their opinions to the legislative
will in cases in which it is not made demonstrably clear that there has
been a plain violation of some unquestionable constitutional principle,
or some explicit constitutional provision. Of encroachments upon state
as well as of encroachments upon federal powers, the federal authorities
are, however, in most cases the only, and in all cases the final,
judges. The States are absolutely debarred even from any effective
defense of their plain prerogatives, because not they, but the national
authorities, are commissioned to determine with decisive and
unchallenged authoritativeness what state powers shall be recognized in
each case of contest or of conflict. In short, one of the privileges
which the States have resigned into the hands of the federal government
is the all-inclusive privilege of determining what they themselves can
do. Federal courts can annul state action, but state courts cannot
arrest the growth of congressional power.[9]
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