The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-06-26
Mr.. KNOX on Federal Power.

Those who looked TO Senator Knox Tor
a clear and authoritative exposition OF
the Federal power 10 regulate commerce
viii not be disappointed in his address
20 the graduating classes of Yale. THAT
power" says Mr.. Knox. at the beginning
Of his address. 'is now clearly recognized
as a great affirmative and constructive
power not limited 10 composing differ
ences between State laws and systems,
but cOnstitutiOnally capable Of effective
and fruitful development in a region all
its own. In some respects it may be
said to be the greatest power lodged In
the general government, and the posi-
bilities of its application are co-extensive
with the possibilities Of the expansion Of
the vast subject TO which It applies" The
Senator's point of view therefore, is that
Of the constructive statesman, and his
address is virtually a brief for the extern
sion of the Federal authority over all the
means and instrumentalities Of interstate
commerce
The power 10 regulate interstate COM
merce. Mr.. Knox observes. has not been
enlarged since the adoption Of the Con-
stitutiOn. but its application 20 the eX-
panding subject has been extended. While
the power is a fixed and definite factor.
mo one has pretended TO define the
boundaries Of the subject upon which it
operates What changes in our com
pick social and commercial conditions
may occur, no one knows. but Senator
Knox is Of opinion that "the efficiency of
the Federal government will progress
sively increase through the application
Of existing Federal power 10 those
changing conditions. When, however.
Congressional powers are applied to new
conditions. it is not. as il sometimes
seems to be. an extension or expansion
Of the power, but an indication OF
change in or extension Of the subject
upon which the power operates" These
principles Of constitutional Interpretation
Justify recent legislation regulatlve Of in
terstate commerce, and may be held TO
justify more legislation Of the same gem
eral tendency.
But however extensive may be the
constitutional power OF the Federal gov
eminent 10 regulate commerce. that pow
er does not in Senator Knox's view. ex-
tend 60 the regulation Of production
within a State. He disagrecs strongly
with the contention that power to regu-
late commerce may be utilized as a pam
acea FOR public evils which normally fan
within the jurisdiction Of the police pow
ers Of the States This point Mr.. Knox
regards as vital "as upon its ultimate
authoritative determination depends 1t
may be- the autonomy Of the States in
substantially all matters Of internal po-
lice lie holds that production Of goods
is not commerce. and that Congress can
not regulate such production within a
State. Nor does the power 70 regulate
commerce carry with il the power 10
prohibit commerce. unless the prohibit
ton has for its purpose the facilitati0n,
safety, or protection Of commercial in
tercourse. or the accomplishment Of some
other national purpose" Congress can
not prohibit commerce in natural prod
ucts which are prime necessities In or
der 10 enforce its conception Of what
would be a wise police regulation Of q
State" II cannot deny a person the
right 70 engage in interstate commerce
FOR doing that which Congress cannot
prohibit him from doing"
The application Of this doctrine 10 sun
dry projects Of social and corporate re-
form mooted by Mr. Bryan and Senator.
Beverage is obvious. Mr. Knox parts
company with both reformers on the.
principle involved in the Federal child
labor bill
That Mr.. Knox does not believe con-
structive Interpretation Of the Constitu-
ton, in order 20 meet the altered con-
ditious OF commerce and industry. in
compatible with a robust adherence TO
the fundamental division Of sovereign
powers between the States and the gen
eral government is manifest throughout
his address. An accurate understanding
Of the correct relations Of the Federal
and State governments is essential to
progress in developing body Of sUbstan-
i've remedial law. Mr.. Knox well says.
and he warns us that people who think
tiiN '"''o' s'' 'i iiiiiN't ''ii, OVliStItu-
tionallv accomplish everything that seems
good for the people are raising expecta-
tions which cannot be fulfilled. lie re-
minds us that Congress can do only what
il is possible 10 do under the powers dele
gated 10 IT by the people. and it is use
less 10 urge popular measures If Con
gress has no power to enact them This
is not the view Of a State rights dog
matist. either. but of a constitutions!
statesman, who stands for making the
best possible use Of the powers vested
in Congress as occasion may arise.
Tariff talk is in the air." says the st.