Premières notions d'économie politique

Bibliographic data

Monograph

Identifikator:: 1755918933

URN:: urn:nbn:de:zbw-retromon-131297

Document type:: Monograph

Author:: Gide, Charles http://d-nb.info/gnd/117543985

Title:: Premières notions d'économie politique

Place of publication:: Paris

Publisher:: Michel

Year of publication:: 1927

Scope:: 185 S

Digitisation:: 2021

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapitre IV. La propriété et l'hêrédité

Collection:: Economics Books

UNEMPLOYMENT IN THE UNITED STATES 159 JM, we 1S sh- ose on nal an of sh- am for as aer Vy a n- nb: on n= ‘ho ve On me 1ce 1te as cal ral yFl- ONS 10D on; the ten its ion ar- -he sal 10t -he wd nd ar- IN- SB mn ATS. That this is such a Government clearly appears from the Constitution, inde- pendently of the amendments, for otherwise there would be an instrument granting certain specified things made operative to grant other and distin- things. This natural construction of the original body of the Constitution to made absolutely certain by the tenth amendment. This amendment, which was Seemingly adopted with prescience of just such contention as the present, dis- closed the widespread fear that the National Government might, under the bressure of a supposed general welfare, attempt to exercise powers which had not been granted. With equal determination the framers intended that no such assumption should ever find justification in the organic act, and that if in the future further powers seemed necessary they should be granted by the people in the manner they had provided for amending that act.” In Hammer v. Dagenhart (247 U. S. 251 (1918)) the court said: “It is further contended that the authority of Congress may be exerted to control interstate commerce in the shipment of child-made goods because of the effect of the circulation of such goods in other States where the evil of this class of labor has been recognized by local legislation, and the right to thus employ Sa labor has been more rigorously restrained than in the State of produc- ion. * “That there should be limitations upon the right to employ children in mines and factories in the interest of their own and the public welfare all will admit. That such employment is generally deemed to require regulation is shown by the fact that the brief of counsel states that every State in the Union has a law upon the subject limiting the right to thus employ children. * * * . “It may be desirable that such laws be uniforta, but our Federal Government 1s one of enumerated powers; ‘this principle,” declared Chief Justice Marshall in MeCulloch ». Maryland (4 Wheat. 316), ‘is universally admitted.’ de * or “In interpreting the Constitution it must never be forgotten that the Nation is made up of States to which are entrusted the powers of local government. And to them and to the people the powers not expressly delegated to the National Government are reserved. * * * “In our view the necessary effect of this act is, by means of a prohibition against the movement in interstate commerce of ordinary commercial commodi- ties to regulate the hours of labor of children in factories and mines within the States, a purely State authority. Thus the act in a twofold sense is repugnant to the Constitution. It not only transcends the authority delegated to Congress Over commerce but also exerts a power as to a purely local matter to which the Federal authority does not extend. The far-reaching result of upholding the act an not be more plainly indicated than by pointing out that if Congress can thus regulate matters intrusted to local authority by prohibition of the movement of commodities in interstate commerce, all freedom of commerce will be at an end, and the power of the States over local matters may be eliminated, and thus our system of government be practically destroved.” In Baily ». Drexel Furniture Co. (259 U. 8. 20 (1922), the court said: “It is the high duty and function of this court in cases regularly brought bo its bar to decline to recognize or enforce seeming laws of Congress, dealing with subjects not intrusted to Congress but left or committed by the supreme law of the land to the control of the States. We can not avoid the duty, even though it requires us to refuse to give effect to legislation designed to promote the highest good. The good sought in unconstitutional legislation is an isidious feature, because it leads citizens and legislators of good purpose to promote it, without thought of the serious breach it will make in the ark of our covenant or the harm which will come from breaking down recognized standards. In the maintenance of local self-government, on the one hand, and the national power, on the other, our country has been able to endure and prosper for near a century and a half. “* ¥ * Grant the validity of this law, and all that Congress would used to do, hereafter, in seeking to take over to its control any one of the great number of subjects of public interest, jurisdiction of which the States have never parted with and which are reserved to them by the tenth amendment, would be to enact a detailed measure of complete regulation of the subject and enforce it by a so- called tax upon departures from it. To give such magic to the word ‘tax’ would be to break down all constitutional limitation of the powers of Congress and Completely wipe out the sovereignty of the States.” 118808—30—srr 11——11 Ne

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