The Project Gutenberg EBook of Our Changing Constitution, by Charles Pierson

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Title: Our Changing Constitution

Author: Charles Pierson

Release Date: November 20, 2004 [EBook #14104]

Language: English

Character set encoding: ASCII

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OUR CHANGING CONSTITUTION

BY

CHARLES W. PIERSON

[Illustration: decorative anchor]

GARDEN CITY NEW YORK

DOUBLEDAY, PAGE & COMPANY

1922

COPYRIGHT, 1922, BY DOUBLEDAY, PAGE & COMPANY

ALL RIGHTS RESERVED, INCLUDING THAT OF TRANSLATION INTO FOREIGN
LANGUAGES, INCLUDING THE SCANDINAVIAN

PRINTED IN THE UNITED STATES AT THE COUNTRY LIFE PRESS, GARDEN CITY,
N.Y.

PREFACE

Citizens of the United States are wont to think of their form of
government, a political system based on a written constitution, as
something fixed and stable. In reality, it is undergoing a profound
change. The idea which constituted its most distinctive feature, and in
the belief of many represents America's most valuable contribution to
the science of government, is being forgotten. Formed to be "an
indestructible Union composed of indestructible states," our dual system
is losing its duality. The states are fading out of the picture.

The aim of this volume is to point out the change and discuss some of
its aspects. A few chapters have already appeared in print. "Our
Changing Constitution" and "Is the Federal Corporation Tax
Constitutional?" were published in the _Outlook_. "The Corporation Tax
Decision" appeared in the _Yale Law Journal_. "Can Congress Tax the
Income from State and Municipal Bonds?" was printed in the New York
_Evening Post_. All of these have been more or less revised and some new
matter has been added.

CONTENTS

I. THE SALIENT FEATURE OF THE CONSTITUTION 1

The American Constitution, its origin and contents. Wherein its novelty
and greatness lay. Importance of maintaining the equilibrium established
between national and state power. View of John Fiske.

II. THE SUPREME COURT OF THE UNITED STATES 3

Pla