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Updated: May 4, 2025
The same principle, differently interpreted, is the foundation of American political orthodoxy and American political heterodoxy. The same measure of reforming legislation, such as the new Inter-state Commerce Law, seems to one party a wholly inadequate attempt to make the exercise of individual rights a little more equal, while it seems to others an egregious violation of the principle itself.
So far I go with those who would appeal to the "principle of nationality." But I would stipulate, further, that it would enormously increase the stability of the arrangement if such "nations" could be grouped together into "United States" wherever there were possibilities of inter-state rivalries and commercial friction.
The Whigs, like the old Federalists, affirmed such right, appealing to Congress's power to establish post-roads, wage war, supervise inter-state trade, and conserve the common defence and general welfare. As a rule, the Democrats, being strict constructionists, denied such right.
The Inter-State Commerce Bill will pass him along without friction from end to end of the Union, and perhaps a uniform divorce law will enable him to change his marital relations at any place where he happens to dine.
He admitted that the centralization of so much power was dangerous, and he sought to make these dangers less by proposing that the states appropriate the railroads operating within the boundaries of one state, and the central government, only the large inter-state systems. But this qualification destroyed the effect of his Federalist audacity.
All the others felt that the time had come to lay the most thoroughgoing limitations upon the States, with the express purpose of preventing any future repetition of the existing inter-State wrangles, and especially of the financial abuses of the time; and they were ready to gain this end by entrusting large powers to the central government.
Senators to be elected by vote of the people. Federal judges to be divided so that one-third of the number would be chosen every fourth year; the term of office to be twelve years; also all vacancies to be filled, half from free and half from slave States, the Territories to be divided, establishing slavery south and prohibiting it north of a fixed line, and providing that three-fifths representation and inter-State slave trade shall not be changed.
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.
It will be presented to the Congress at the coming session. It deserves prompt consideration. I recommend that a law be enacted to regulate inter-State commerce in misbranded and adulterated foods, drinks, and drugs. Such law would protect legitimate manufacture and commerce, and would tend to secure the health and welfare of the consuming public.
The Inter-State Commerce Bill will pass him along without friction from end to end of the Union, and perhaps a uniform divorce law will enable him to change his marital relations at any place where he happens to dine.
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