Our Changing ConstitutionPierson, Charles W. (Charles Wheeler)
History
Our Changing Constitution
Pierson, Charles W. (Charles Wheeler)
Constitutional history -- United States; United States -- Politics and government
XII. THE FEDERAL GOVERNMENT AND THE TRUSTS 129
Origin and history of Sherman Act. Its meaning now clear. Earlier
uncertainties owing chiefly to two questions--What is interstate trade
and Does the act enlarge the common-law rule as to what restraints were
unlawful? How these questions have been settled. Statement of the
common-law rule. Incompatibility between the law and present economic
conditions. Suggestions for legal reform. The holding company device,
its abuses and the possibility of abolishing it. Advantages of the
scheme of federal incorporation.
XIII. WHAT OF THE FUTURE? 143
Rapid progress and present extent of federal encroachment on state
power. Growth of federal bureaucracy. A reaction against centralization
inevitable sooner or later. Adequacy of Constitution to deal with
changing conditions. The railroads and the trusts. Dangerous assaults
upon Constitution in field of social welfare legislation. Exercise of
police power a matter for local authority. Elihu Root's view. Outlook
for the future.
APPENDIX 153
OUR CHANGING CONSTITUTION
I
THE SALIENT FEATURE OF THE CONSTITUTION
Few documents known to history have received as much praise as the
United States Constitution. Gladstone called it "the most wonderful work
ever struck off at a given time by the brain and purpose of man." The
casual reader of the Constitution will be at a loss to account for such
adulation. It will seem to him a businesslike document, outlining a
scheme of government in terse and well-chosen phrases, but he is apt to
look in vain for any earmarks of special inspiration. To understand the
true greatness of the instrument something more is required than a mere
reading of its provisions.
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