The Great Events by Famous Historians, Volume 21: The Recent Days (1910-1914)
History
The Great Events by Famous Historians, Volume 21: The Recent Days (1910-1914)
World history
With the House of Governors rests the power of securing through the
cooperative action of the State legislatures uniform laws on vital
questions demanded by the whole country almost since the dawn of our
history, but heretofore impossible of enactment. The Federal Government
is powerless to pass these laws. For many decades, tight held by the
cramping bonds of Constitutional limitation, it has strained and
struggled, like Samson in the temple, to find some weak spot at which
it could free itself, and endangered the very supporting columns of the
edifice of the Republic. It was bound in its lawmaking powers to the
limitation of eighteen specific phrases, beyond which all power
remained with the States and the people. In the matter of enacting
uniform laws the States have been equally powerless, for, though their
Constitutional right to make them was absolute and unquestioned, no way
had been provided by which they could exercise that right. The States
as individuals, passing their own laws, without considering their
relation or harmony with the laws of other States, brought about a
condition of confusion and conflict. Laws that from their very nature
should be common to all of the States, in the best interests of all,
are now divergent, different, and antagonistic. We have to-day the
strange anomaly of forty-six States united in a union as integral parts
of a single nation, yet having many laws of fundamental importance as
different as though the States were forty-six distinct countries or
nationalities.
Facing the duality of incapacity--that of the Government because it was
not permitted to act and the States because they did not know how to
exercise the power they possessed--the Federal Government sought new
power for new needs through Constitutional amendments. This effort
proved fruitless and despairing, for with more than two thousand
attempts made in over a century only three amendments were secured, and
these were merely to wind up the Civil War. The whole fifteen
amendments taken together have not added the weight of a hair of
permanent new power to the Federal Government. The people and the
States often sleep serenely on their rights, but they never willingly
surrender them, yet the surrender of a right is often the brave
recognition of a higher duty, the fine assumption of a higher
privilege. In many phases the need grew urgent, something had to be
done. By ingeniously tapping the Constitution to find a weak place and
hammering it thin by decisions, by interpretations, by liberal
readings, by technical evasions and other methods, needed laws were
passed in the interests of the people and the States. Many of these
laws would not stand the rigid scrutiny of the Supreme Court; to many
of them the Government's title may now be valid by a kind of
"squatter's sovereignty" in legislation,--merely so many years of
undisputed possession.
Public-domain text, read in full here on John Shaqi.
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