Federal Centralization: A Study and Criticism of the Expanding Scope of Congressional LegislationHarcourt, Brace, 1923 - 399 pages |
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Act of March agencies Anti-Saloon League anti-trust Articles of Confederation attempt authority bill central government child labor laws commerce clause common carrier congressional considered constitutionality Convention coöperation Dagenhart decision declared Eighteenth Amendment employer enact enforcement engaged in interstate enumerated powers eral ernment establish Ex parte Jackson exercise extend federal control federal gov federal government food and drugs foreign corporation framers governmental granted gress Ibid industrial inter interference Interstate Commerce Act Interstate Commerce Commission intoxicating liquor intrastate jurisdiction legislation legislature limited liquor traffic lotteries Madison Papers mails ment merce national government national prohibition oleomargarine police power police regulations postal service power of Congress power to regulate practices public opinion purpose question railroads regu regulate commerce regulate interstate commerce regulation of commerce revenue shipment sovereignty Stat statute Supreme Court taxing power tion tional trade transportation Union United vested violation Volstead Act Webb-Kenyon Act
Popular passages
Page 285 - ... unless necessary to prevent irreparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney.
Page 43 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found is necessary to urge. That principle is now universally admitted.
Page 145 - State which may take and claim the benefit of this act, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the...
Page 21 - ... Resolved, that all acts of the United States in Congress, made by virtue and in pursuance of the powers hereby, and by the Articles of Confederation, vested in them, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States, so far forth as those acts or treaties shall relate to the said States or their citizens ; and that the Judiciary of the several States shall be bound thereby in their decisions, any thing in the respective...
Page 140 - ... it has been my ardent wish to see a plan devised, on a liberal scale, which would have a tendency to spread systematic ideas through all parts of this rising empire, thereby to do away with local attachments and State prejudices, as far as the nature of things would, or indeed ought to admit, from our national councils.
Page 133 - Thus the act in a twofold sense is repugnant to the Constitution. It not only transcends the authority delegated to Congress over commerce but also exerts a power as to a purely local matter to which the federal authority does not extend.
Page 27 - ... for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication that a power to prescribe proper regulations concerning it was intended to be vested in the national government.
Page 346 - The far-reaching result of upholding the act cannot be more plainly indicated than by pointing out that if Congress can thus regulate matters entrusted to local authority by prohibition of the movement of commodities in interstate commerce, all freedom of commerce will be at an end, and the power of the States over local matters may be eliminated, and thus our system of government be practically destroyed.
Page 285 - That no restraining, order or injunction shall be granted by any court of the United States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment...
Page 221 - Constitutional provisions do not change, but their operation extends to new matters as the modes of business and the habits of life of the people vary with each succeeding generation. The law of the common carrier is the same today as when transportation on land was by coach and wagon, and on water by canal boat...