the influence which their
constituents possess at elections, are, in this, as in many other
instances, as that, for example, of declaring war, the sole restraints
on which they have relied, to secure them from its abuse." 9 Wheat. 1,
196-197 (1824).
That the National Government is a government of limited powers, the
advocates of this view conceded; but the powers which it
uncontrovertibly possesses, they urged, may be utilized to promote all
good causes, of which fact, it was asserted, the Preamble of the
Constitution itself was proof. There the objectives of the Constitution
and so, presumably, of the Government created by it, are stated to be
"more perfect union," "justice," "domestic tranquillity," "the common
defense," "the general welfare," and "liberty." It was to forward these
broad general purposes, then, that the commercial power, like its other
powers, was bestowed upon the National Government. No doubt it was
expected that the States, too, would use the powers still left them to
assist the same purposes, which indeed are those of good government
always. Yet that circumstance should not operate to withdraw the powers
delegated to the National Government from the service of these same
ends. The fact, in other words, that the power to govern commerce among
the States was bestowed by the Constitution on the National Government
should not imply that it thereby became available merely for the purpose
of fostering such commerce. It ought, on the contrary, to be applicable,
as would be the equivalent power in England or France for instance, to
aid and support all recognized objectives of government. _See_ Juilliard
_v._ Greenman (Legal Tender Case), 110 U.S. 421, 447-448 (1884). As
originally possessed by the several States, the power to regulate
commerce with one another included the power to prohibit it at
discretion; on what principle, then, it was asked, can it be contended
that the power delegated to Congress is not as exhaustive and complete
as the power it was designed to supersede? _See_ especially Justice
Holmes' dissenting opinion in Hammer _v._ Dagenhart, 247 U.S. 251,
277-281 (1918).
And, the protagonists of this view continued, if the public health,
safety, morals, and general welfare must depend solely upon the police
powers of the States, they must in modern conditions, often fail of
realization in this country. With goods flowing over State lines in
ever-increasing quantities, and people in ever-i
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