Page:A Historic Judicial Controversy and Some Reflections (Gregory, 1913).djvu/17

Rh , is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in Congress as absolutely as it would be in a single government, having in its Constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States."

This is the corner-stone of the New Nationalism. The Federal government in the exercise of all the extensive powers granted to it, is restrained only by the express limitations of the Federal Constitution. As to these powers there are no states. The National government and its agencies deal directly with the people of the Union.

This idea has been slowly developed and is capable of much wider application in legislation and administration than has yet been attempted. I perceive no reasonable objection under the Constitution to legislation requiring of all engaged in commerce between the states a license from Federal authority, with such requirements in respect of conditions under which such license is to be granted as Congress may think it proper to exact.

It is difficult to set any limits to this plenary authority of the nation. If the Congress shall deem it expedient to undertake the colossal task of providing, by administrative commission, similar to the Interstate Commerce Commission, for the regulation of all interstate and foreign commerce, including the control of prices, he will be a bold man who challenges the constitutional validity of such an effort, whatever may be said as to its wisdom.

Nations, like indivdualsindividuals [sic], have a certain organic growth and development. In this country for fifty years there has been a constant growth of National power at the expense of that of the state. Nulla vestigia retrorsum. It has been an evolutionary process, due to changing conditions in our national life, before the realities of which, academic theories of government have been compelled to yield. This is not to say that the Constitution has been evaded. It has been rather construed in the light of changed conditions and altered circumstances.

This is not an indication of retrogression or atrophy, but rather of healthy growth and development. Progress is the essential condition of vigorous life either individual or social.

So this tendency will continue, not to the destruction of local self-government, but to the just development of National strength and power.

We have our troubles in the body politic; yet, after all, even in