ederal Government sought new
power for new needs through Constitutional amendments. This effort
proved fruitless and despairing, for with more than two thousand
attempts made in over a century only three amendments were secured, and
these were merely to wind up the Civil War. The whole fifteen
amendments taken together have not added the weight of a hair of
permanent new power to the Federal Government. The people and the
States often sleep serenely on their rights, but they never willingly
surrender them, yet the surrender of a right is often the brave
recognition of a higher duty, the fine assumption of a higher
privilege. In many phases the need grew urgent, something had to be
done. By ingeniously tapping the Constitution to find a weak place and
hammering it thin by decisions, by interpretations, by liberal
readings, by technical evasions and other methods, needed laws were
passed in the interests of the people and the States. Many of these
laws would not stand the rigid scrutiny of the Supreme Court; to many
of them the Government's title may now be valid by a kind of
"squatter's sovereignty" in legislation,--merely so many years of
undisputed possession.

This was not the work of one administration; it ran with intermittent
ebb and flow through many administrations. Then the slumbering States,
turning restlessly in their complacency, at last awoke and raised a
mighty cry of "Centralization." They claimed that the Government was
taking away their rights, which may be correct in essence but hardly
just in form; they had lost their rights, primarily, not through
usurpation but through abrogation; the Government had acted because of
the default of the States, it had practically been forced to exercise
powers limited to the States because the States lapsed through neglect
and inaction. Then the Government discovered the vulnerable spot in our
great charter, the Achilles heel of the Constitution. It was just six
innocent-looking words in section eight empowering Congress to
"regulate commerce between the several States." It was a rubber phrase,
capable of infinite stretching. It was drawn out so as to cover
antitrust legislation, control and taxation of corporations,
water-power, railroad rates, etc., pure-food law, white-slave traffic,
and a host of others. But even with the most generous extension of this
phrase, which, though it may be necessary, was surely not the original
intent of the Constitution, the greatest