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
Keeping pace, too, with this growth of federal activity, there has been
from the first a steady and unmistakable growth of nationality of
sentiment. It was, of course, the weight of war which finally and
decisively disarranged the balance between state and federal powers; and
it is obvious that many of the most striking manifestations of the
tendency towards centralization have made themselves seen since the
war. But the history of the war is only a record of the triumph of the
principle of national sovereignty. The war was inevitable, because that
principle grew apace; and the war ended as it did, because that
principle had become predominant. Accepted at first simply because it
was imperatively necessary, the union of form and of law had become a
union of sentiment, and was destined to be a union of institutions. That
sense of national unity and community of destiny which Hamilton had
sought to foster, but which was feeble in his day of long distances and
tardy inter-communication, when the nation's pulse was as slow as the
stage-coach and the postman, had become strong enough to rule the
continent when Webster died. The war between the States was the supreme
and final struggle between those forces of disintegration which still
remained in the blood of the body politic and those other forces of
health, of union and amalgamation, which had been gradually building up
that body in vigor and strength as the system passed from youth to
maturity, and as its constitution hardened and ripened with advancing
age.
The history of that trenchant policy of "reconstruction," which followed
close upon the termination of the war, as at once its logical result and
significant commentary, contains a vivid picture of the altered
balances of the constitutional system which is a sort of exaggerated
miniature, falling very little short of being a caricature, of previous
constitutional tendencies and federal policies. The tide of federal
aggression probably reached its highest shore in the legislation which
put it into the power of the federal courts to punish a state judge for
refusing, in the exercise of his official discretion, to impanel negroes
in the juries of his court,[11] and in those statutes which gave the
federal courts jurisdiction over offenses against state laws by state
officers.[12] But that tide has often run very high, and, however
fluctuating at times, has long been well-nigh irresistible by any dykes
of constitutional state privilege; so that Judge Cooley can say without
fear of contradiction that "The effectual checks upon the encroachments
of federal upon state power must be looked for, not in state power of
resistance, but in the choice of representatives, senators, and
presidents holding just constitutional views, and in a federal supreme
court with competent power to restrain all departments and all officers
within the limits of their just authority, so far as their acts may
become the subject of judicial cognizance."[13]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account