y or property
without due process of law" (which phrase occurs both as a limitation on
the National Government and, since 1868, on the States), and out of four
or five doctrines which the Constitution is assumed to embody. The
latter are, in truth, the essence of the matter, for it is through these
doctrines, and under the cover which they afford, that outside
interests, ideas, preconceptions, have found their way into
Constitutional Law, have indeed become for better, for worse, its
leavening element.

That is to say, the effectiveness of Constitutional Law as a system of
restraints on governmental action in the United States, which is its
primary _raison d'etre_, depends for the most part on the effectiveness
of these doctrines as they are applied by the Court to that purpose. The
doctrines to which I refer are (1) the doctrine or concept of
Federalism; (2) the doctrine of the Separation of Powers; (3) the
concept of a Government of Laws and not of Men, as opposed especially to
indefinite conceptions of presidential power; (4) and the substantive
doctrine of Due Process of Law and attendant conceptions of Liberty.
What I proposed to do is to take up each of these doctrines or concepts
in turn, tell something of their earlier history, and then project
against this background a summary account of what has happened to them
in recent years in consequence of the impact of war, of economic crisis,
and of the political and ideological reaction to the latter during the
Administrations of Franklin D. Roosevelt.

I

Federalism

Federalism in the United States embraces the following elements: (1) as
in all federations, the union of several autonomous political entities,
or "States," for common purposes; (2) the division of legislative powers
between a "National Government," on the one hand, and constituent
"States," on the other, which division is governed by the rule that the
former is "a government of enumerated powers" while the latter are
governments of "residual powers"; (3) the direct operation, for the most
part, of each of these centers of government, within its assigned
sphere, upon all persons and property within its territorial limits; (4)
the provision of each center with the complete apparatus of law
enforcement, both executive and judicial; (5) the supremacy of the
"National Government" within its assigned sphere over any conflicting
assertion of "state" power; (6) dual citizenship.

The third and fourth o