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Whatever power may be necessary for the National Government a certain portion must necessarily be left in the States. It is impossible for one power to pervade the extreme parts of the U.S. so as to carry equal justice to them.
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June 7

 

George Mason

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The large corporations, commonly called trusts, though organized in one State, always do business in many States, often doing very little business in the State where they are incorporated. There is utter lack of uniformity in the State laws about them; and as no State has any exclusive interest in or power over their acts, it has in practice proved impossible to get adequate regulation through State action. Therefore, in the interest of the whole people, the Nation should, without interfering with the power of the States in the matter itself, also assume power of supervision and regulation over all corporations doing an interstate business. This is especially true where the corporation derives a portion of its wealth from the existence of some monopolistic element or tendency in its business. There would be no hardship in such supervision; banks are subject to it, and in their case it is now accepted as a simple matter of course. Indeed, it is probable that supervision of corporations by the National Government need not go so far as is now the case with the supervision exercised over them by so conservative a State as Massachusetts, in order to produce excellent results. When the Constitution was adopted, at the end of the eighteenth century, no human wisdom could foretell the sweeping changes, alike in industrial and political conditions, which were to take place by the beginning of the twentieth century. At that time it was accepted as a matter of course that the several States were the proper authorities to regulate, so far as was then necessary, the comparatively insignificant and strictly localized corporate bodies of the day. The conditions are now wholly different and wholly different action is called for. I believe that a law can be framed which will enable the National Government to exercise control along the lines above indicated; profiting by the experience gained through the passage and administration of the Interstate-Commerce Act. If, however, the judgment of the Congress is that it lacks the constitutional power to pass such an act, then a constitutional amendment should be submitted to confer the power.

 

Theodore Roosevelt

 

That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance in conferring on one Government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied. But all inconsistencies are to be reconciled by the magic of the word CONFIDENCE. Taxation, it is said, does not necessarily and unavoidably destroy. To carry it to the excess of destruction would be an abuse, to presume which would banish that confidence which is essential to all Government. But is this a case of confidence? Would the people of any one State trust those of another with a power to control the most insignificant operations of their State Government? We know they would not. Why, then, should we suppose that the people of any one State should be willing to trust those of another with a power to control the operations of a Government to which they have confided their most important and most valuable interests? In the Legislature of the Union alone are all represented. The Legislature of the Union alone, therefore, can be trusted by the people with the power of controlling measures which concern all, in the confidence that it will not be abused. This, then, is not a case of confidence, and we must consider it is as it really is.

 

John Marshall

 

Any given case must be treated on its special merits. Each community should be required to deal with all that is of merely local interest; and nothing should be undertaken by the Government of the whole country which can thus wisely be left to local management. But those functions of government which no wisdom on the part of the States will enable them satisfactorily to perform must be performed by the National Government. We are all Americans; our common interests are as broad as the continent; the most vital problems are those that affect us all alike. The regulation of big business, and therefore the control of big property in the public interest, are preeminently instances of such functions which can only be performed efficiently and wisely by the Nation; and, moreover, so far as labor is employed in connection with inter-State business, it should also be treated as a matter for the National Government. The National power over inter-State commerce warrants our dealing with such questions as employers’ liability in inter-State business, and the protection and compensation for injuries of railway employees. The National Government of right has, and must exercise its power for the protection of labor which is connected with the instrumentalities of inter-State commerce.

 

Theodore Roosevelt

 

In America, the powers of sovereignty are divided between the Government of the Union and those of the States. They are each sovereign with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other. We cannot comprehend that train of reasoning, which would maintain that the extent of power granted by the people is to be ascertained not by the nature and terms of the grant, but by its date. Some State Constitutions were formed before, some since, that of the United States. We cannot believe that their relation to each other is in any degree dependent upon this circumstance. Their respective powers must, we think, be precisely the same as if they had been formed at the same time. Had they been formed at the same time, and had the people conferred on the General Government the power contained in the Constitution, and on the States the whole residuum of power, would it have been asserted that the Government of the Union was not sovereign, with respect to those objects which were intrusted to it, in relation to which its laws were declared to be supreme? If this could not have been asserted, we cannot well comprehend the process of reasoning which maintains that a power appertaining to sovereignty cannot be connected with that vast portion of it which is granted to the General Government, so far as it is calculated to subserve the legitimate objects of that Government.

 

John Marshall

 

Political power, in my opinion, cannot be our ultimate aim. It is one of the means used by men for their all-round advancement. The power to control national life through national representatives is called political power. Representatives will become unnecessary if the national life becomes so perfect as to be self-controlled. It will then be a state of enlightened anarchy in which each person will become his own ruler. He will conduct himself in such a way that his behaviour will not hamper the well-being of his neighbours. In an ideal State there will be no political institution and therefore no political power. That is why Thoreau has said in his classic statement that that government is the best which governs the least. [From Hindi] Sarvodaya, January, 1939

 

Mohandas Karamchand (Mahatma) Gandhi