The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
Previous to the Constitution it had not been thought possible to divide
sovereignty, or at least to have two different sovereignties moving as
planets in the same orbit. Therefore, all previous federated governments
had been based upon the plan that a league could only effect its will
through the constituent States and that the citizens in these States
owed no direct allegiance to the league, but only to the States of which
they were members. The Constitution, however, developed the idea of a
dual citizenship. While the people remained citizens of their respective
States in the sphere of government which was reserved to the States, yet
they directly became citizens of the central government, and, as such,
ceased to be citizens of the several States in the sphere of government
delegated to the central power; and this allegiance was enforced by the
direct action of the central government on the citizens as individuals.
Thus has been developed one of the most intricately complex governmental
systems in the world.
At the time of the adoption of the Constitution this division of
jurisdiction was quite feasible, for, geographically, the various States
were widely separated, and the lack of economic contact made it easy for
each government to function without serious conflict. The framers,
however, did not sufficiently reckon with the mechanical changes in
society that were then beginning. They did not anticipate, and could not
have anticipated, the centripetal influences of steam and electricity
which have woven the American people into an indissoluble unit for
commercial and many other purposes. As a result many laws of the Federal
Government, in their incidences in this complex age, directly impinge
upon rights of the State governments, and _vice versa_, and the
practical application of the Constitution has required a very subtle
adaptation of a form of government which was enacted in a primitive age
to a form of government of a complex age.
Public-domain text, read in full here on John Shaqi.
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