should be common to all of the States, in the best interests of all,
are now divergent, different, and antagonistic. We have to-day the
strange anomaly of forty-six States united in a union as integral parts
of a single nation, yet having many laws of fundamental importance as
different as though the States were forty-six distinct countries or
nationalities.

Facing the duality of incapacity--that of the Government because it was
not permitted to act and the States because they did not know how to
exercise the power they possessed--the Federal Government sought new
power for new needs through Constitutional amendments. This effort
proved fruitless and despairing, for with more than two thousand
attempts made in over a century only three amendments were secured, and
these were merely to wind up the Civil War. The whole fifteen
amendments taken together have not added the weight of a hair of
permanent new power to the Federal Government. The people and the
States often sleep serenely on their rights, but they never willingly
surrender them, yet the surrender of a right is often the brave
recognition of a higher duty, the fine assumption of a higher
privilege. In many phases the need grew urgent, something had to be
done. By ingeniously tapping the Constitution to find a weak place and
hammering it thin by decisions, by interpretations, by liberal
readings, by technical evasions and other methods, needed laws were
passed in the interests of the people and the States. Many of these
laws would not stand the rigid scrutiny of the Supreme Court; to many
of them the Government's title may now be valid by a kind of
"squatter's sovereignty" in legislation,--merely so many years of
undisputed possession.

This was not the work of one administration; it ran with intermittent