ABSTRACT

The historical record prior to 1933 offers no evidence of any lack of relevant power in the American government—power relevant, that is to say, to the proper functions of government as these have been understood in the American tradition. The traditional American idea, shared by the Fathers, has been that our government came into existence through, and only through, an explicit compact, or contract: the document, namely "The Constitution of the United States". The central government of the United States has never lacked sufficient power to fulfill any task that could be brought within the limits of constitutional propriety. It has survived without abrupt or essential constitutional change, with a continuous political structure and basic law. The power of the central government has also been curbed by a doctrine of "natural rights" that is implicit in the original Constitution, developed in the amendments, and established through our history by statute, court decisions and social practice.