Federal Centralization: A Study and Criticism of the Expanding Scope of Congressional Legislation

Federal Centralization: A Study and Criticism of the Expanding Scope of Congressional Legislation

Federal Centralization: A Study and Criticism of the Expanding Scope of Congressional Legislation

Federal Centralization: A Study and Criticism of the Expanding Scope of Congressional Legislation

Excerpt

This study was begun several years ago as a legal treatise on the police power of the federal government. After the study was well under way, other duties became more pressing and I had to discontinue the work for a number of years. In the meantime studies by others were published, notably the articles by Professor Cushman which appeared in the Minnesota Law Review in 1920. These studies were somewhat similar in scope and character to the work which I had originally contemplated. After resuming the work, however, it appeared evident to me that centralization is more than merely a problem in constitutional law. Social, economic, and psychological factors, as well as legal, must be considered in attempting to find a workable division of functions between the federal government and the states. The scope of the book was therefore enlarged and additional chapters added. The result is that there is less continuity of thought than there would have been if the work had been limited to a legal treatise, but it is hoped that this loss of continuity is compensated in a measure at least by making the book more suggestive and stimulating.

Throughout the study I have endeavored to get away from the polemic spirit in which too frequently the subject of federal control and states rights has been discussed and to approach in a scientific spirit the problem of the extent to which the federal government has gone in regulating matters formerly left with the states, the methods employed in extending federal control, and the inherent limitations to centralization. It is not to be expected that the subject of centralization can be . . .

Author Advanced search

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.