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
Take, for example, the power over commerce. According to the
Constitution, the Federal Government had plenary power over foreign
commerce and commerce _between_ the States, but the power over commerce
_within_ a State was reserved to State governments. This presupposed the
power of Government to divide commerce into two water-tight
compartments, or, at least, to regard the two spheres of power as
parallel lines that would never meet; whereas with the coming of the
railroad, steamship and the telegraph commerce has become so unified
that the parallel lines have become lines of interlacing zigzags. To
adapt the commerce clause of the Constitution to these changed
conditions has required, in the highest degree, the constructive genius
of the Supreme Court of the United States, and, in a series of very
remarkable decisions, which are contained in 256 volumes of the official
reports, that great tribunal has tried to draw a line between
inter-State and domestic commerce as nearly to the original plans of the
framers as it was possible; but obviously there has been so much
adaptation to make this possible that if Washington, Franklin, Madison
and Hamilton could revisit the nation they created they would not
recognize their own handiwork.
For the same reason, the dual system of government has been profoundly
modified by the great elemental forces of our mechanical age, so that
the scales, which try to hold in nice equipoise the Federal Government
on the one hand and the States on the other, have been greatly
disturbed. Originally, the States were the powerful political entities,
and the central government a mere agent for certain specific purposes;
but, in the development of the Constitution, the nation has naturally
become of overshadowing importance, while the States have relatively
steadily diminished in power and prestige.
These inevitable tendencies in American politics are called
"centralization," and while for nearly a century a great political party
bitterly contested its steady progress, due to the centripetal
influences above indicated, yet the contest was long since abandoned as
a hopeless one, and the struggle to-day is rather to keep, so far as
possible, the inevitable tendency measurably in check.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account