compels assent. As a statement of historical and political fact,
however, it would not be accepted so readily. An acute critic of our
institutions has said that the Constitution "has changed in the spirit
with which men regard it, and therefore in its own spirit."[1] Men
realize that the words of the Constitution, like the words of Holy Writ,
have not always meant the same thing to those who regulate their conduct
by its precepts; that the system of government which those words embody
has in reality changed, is changing to-day.

[Footnote 1: Bryce: "The American Commonwealth," Vol. I, p. 400.]

The makers of the Constitution represented the people of distinct and
independent states, jealous of their rights and of each other but
nevertheless impelled by experience of danger lately past and sense of
other perils impending to substitute for their loose and ill-working
confederation a more effective union. The most formidable obstacle,
apart from mutual jealousies, was a fear of loss of liberties, state and
individual, through encroachment of the central power. The instrument,
drawn with this fear uppermost, was designed to limit the National
Government to "the irreducible minimum of functions absolutely needed
for the national welfare."[1] To this end the powers granted were
specifically enumerated. All other powers were by express enactment[2]
"reserved to the States respectively, or to the people."

[Footnote 1: Bryce, "The American Commonwealth," Vol. I, p. 324.]

[Footnote 2: Tenth Amendment.]

The strength of the popular sentiment against any encroachment of
federal power was speedily demonstrated in a striking and dramatic way.