FEDERALISM IN THE UNITED STATES.
[To THE EDITOR OF THE " SPECTATOR.")
Snc,—Those who are seeking a solution of the Irish difficulty by the application to Ireland (and perhaps also to England, Scotland, and Wales) of what they call " Federalism" would find it advan- tageous to study the development of the Federal principle (i.e., the binding together of States for a conuuon object, see Oxford Classical Dictionary) in tho United States of America. There. thirteen sovereign States, which in the year 1776 had severally and collectively thrown off their allegiance to King George 111., entered into " Articles of Confederation " in the year after they had declared their independence, " while declaring that each State retains its sovereignty, freedom and independence." The "common object" of this Confederation was defence against the forces of King George. It lasted only ten years. Weakness resulting from the lack of the necessary grant of powers of govern- ment from the constituent States compelled the radical revision of the " Articles," which was accomplished by the adoption of the Constitution of the United States, by the unanimous votes of the delegates of twelve of the States sitting in Convention in the year 1787. By this instrument the Federal Government was granted power, inter alia, " to lay and collect taxes, duties, imposts and excises . . . to regulate commerce with foreign nations and among the several States . . . to establish post offiees and poet roads . . to declare war . . . to raise and support armies . . . to provide and maintain a navy." And it was also provided that the President of the Federated States should be the "Commander-in-Chief of the Army and Navy, &c.," and should have power " to make treaties " with -the "advice and consent of the Senate," and to "appoint Ambassadors " and other officials, and should " receive Ambas- sadors " and others. An amendment ratified by the States coil] cidentally with the ratification of the Constitution by them, pro. vided that " the powers nut delegated to the United States by the Constitution nor prohibited by it to the States are reserved t., the States respectively or to the people."
It is important to note that no power delegated to the United States (i.e., -the Federal Government) by the Constitution, ratified in 1790, has been in any way diminished by Constitutional amend- ment, which is the only legal method of change. On the contrary. such changes as have been made have tended to strengthen the Federal power at the expense of the States. The result of the Civil War (1861-18651, in which the right of a State to secede front the Union was in issue (eleven States asserting the right and twenty. three States denying it), gave impulse to a movement for the increased supremacy of the Union and the diminution of State powers. Thus by the 13th Amendment slavery was prohibited in the States (1865). By the 14th Amendment the States are for- bidden to deprive citizens of the United States of their right, without due process of law: the 15th Amendment denies to the States the power of refusing the suffrage to the former slaves: the 16th Amendment authorizes the Federal Congress to tax incomes— a power theretofore in doubt. It seems probable that pending amendments may authorize Congress to control women's suffrage in the States and the manufacture and sale of alcohol therein. 111 the meantime, under the power to " regulate commerce between the States," Congress (which is the Federal Legislature) has set up a Commission which controls inter-State common carriers by land to water, including railroads, canals, pipe-lines, telegraphs, tele- phones, bridges, ferries, &c., &c., and determines the rates for passengers and freight and, in the last resort, settle dispute: between the companies engaged in the traffic and their employees.
From the foregoing very brief and imperfect summary it will be perceived (1) that the Federal Government is the creature, not the creator, of the several States; (2) that the States voluntarily and unanimously delegated to the Federal power the control of the Army and Navy, of diplomacy, of the Post Office, and of Customs and Excise; and (3) that after a trial of one hundred and forty years, so far from being dissatisfied with the centralization of power in the Government to which they had delegated it, the general tendency has been, and is, in the direction of granting greater, not less, power to the Federal State.—I am, Sir, Se., S. R. H.
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