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This article, "The Treaty-Making Power and the Legislative Authority of the States," By William C. Morey, D.C.L., Professor of History and Political Science, University of Rochester was originally published in 1909 by The Genesee Press: The Post Express Printing Company, Rochester, N.Y., as part of a series: “Important Discussions: Post Express Specials.”
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The Treaty-Making Power
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Originally published in 1909 by The Genesee Press: The Post Express Printing Company, Rochester, N.Y., as part of a series: “Important Discussions: Post Express Specials.”
The Treaty-Making Power
And the Legislative Authority of the States
By William C. Morey, D.C.L.
Professor of History and Political Science, University of Rochester
THERE HAVE BEEN in the history of our country many important and interesting questions arising from our dual system of government — questions often of a perplexing nature as to where should be drawn the dividing line between the delegated powers of the Federal government and the reserved powers of the states. The discussions and strife growing out of these questions have in fact furnished the most decisive issues in our politically history. They were among the most conspicuous features of the convention of 1787, which framed the Federal constitution. They have in large part determined the line of cleavage between the great political parties. They have also led to a wide diversity of views as to the proper policy of the Federal government in matters relating to the protective tariff, the national bank, public improvements, the extension of slavery, the reconstruction of the Union, the management of corporations, and the extension and control of our public domain. Yet in spite of these conflicts of opinion, the development of “federalism” as a permanent and efficient system of government has been one of the greatest achievements of the American people. The creation of a central government for the supreme control of general interests, while reserving to the states the supreme control of all matters of local interest, forms the distinctive feature of this political system. But the working out of the details of this system, the broad outlines of which are drawn in the Federal constitution, has required the greatest wisdom and skill on the part alike of the executive, the legislature and the judiciary.
I.