Unemployment in the United States

Bibliographic data

Monograph

Identifikator:: 1828236179

URN:: urn:nbn:de:zbw-retromon-226169

Document type:: Monograph

Title:: Unemployment in the United States

Place of publication:: Washington

Publisher:: United States, Government Printing Office

Year of publication:: 1930

Scope:: II, 193 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Statement of Frank L. Peckham

Collection:: Economics Books

156 UNEMPLOYMENT IN THE UNITED STATES prohibited from such commerce. In fact, at the outset of his dissent- ing opinion, Mr. Justice Holmes said: The objection urged against the power is that the States have exclusive control over their methods of production and that Congress can not meddle with them, and taking the proposition in the sense of direct intermeddling I agree to it and suppose that no one denies it. The next case is the case of Bailey ». Drexel Furniture Company, 259 U. 8, 20), decided in 1922. That is the child labor tax case. A review of the decisions of the Supreme Court will reveal that, instead of recognizing any authority in the Congress to invade by legislation fields not included within the specific powers delegated to the Federal Government by the terms of the Constitution, the Court has frowned upon and thwarted efforts of Congress to stretch those specific powers to enable it to accomplish objects seemingly for the general good or general welfare. Reverting for a moment to Chief Justice Taft’s opinion in the child labor tax case (Bailey ». Drexel Company), I would point out that while the attempt through the taxing power to control local affairs has been curbed, Congress has devised and put into operation a scheme whereby it uses the proceeds of the taxing power to purchase from the States a right on the part of the Federal Government to intermeddle in the purely local affairs of the States, affairs over which and as to which the States’ authority and responsibility are exclusive, and that scheme is, of course, the so-called 50-50 Federal-aid method. Now, if the committee please, the only theory upon which the pro- ponents of this sort of legislation can come to Congress and insist that it be enacted into the Federal statutes, is this: The theory that the Federal Government must meddle in every phase of local and community life must proceed upon the theory that the States are unable and unwilling to meet their own problems from poverty of riches, intelligence, and moral resources. And I submit to you gen- tlemen representing the various States of the Union that there is no State so degraded that it has not the financial, moral, and intel- lectual resources sufficient to meet all the reasonable needs of its people, and I challenge any Member of Congress to rise in his place and to admit that his State is a so-called backward State, unable, unwilling, to meet the needs of its people. And unless States are unwilling and unable to meet the needs of their peoples, there is no excuse for even considering injecting the Federal Government into the regulation of their local affairs. Mr. Montague. May I ask you one question? Mr. Peckuam. Yes, sir. Mr. MonTaGUE. Suppose a State is unwilling to do it; what authority has the National Government? Mr. Pecknam. The Federal Government has no authority what- ever, even though a State is unwilling to do it. Mr. MonTaGUE. Does not the right to do or not to do belong absolutely to each State government? Mr. PeckraM. Absolutely, sir. Mr. MonTAGUE. And assuming that the State is absolutely within its powers. Mr. Peckaam. Yes. But I am not willing to assume, as the pro- ponents of this sort of legislation must be willing to assume, that there is any State of this Union that is in so decraded a condition

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