calls the tunes. Resting as it does primarily on the superior fiscal
resources of the National Government, Cooperative Federalism has been,
at least to date, a short expression for a constantly increasing
concentration of power at Washington in the stimulation and supervision
of local policies.[22]

The last element of the concept of Federalism to demand attention is the
doctrine that the National Government is a government of enumerated
powers only, and consequently under the necessity at all times of
justifying its measures juridically by pointing to some particular
clause or clauses of the Constitution which, when read separately or in
combination, may be thought to grant power adequate to such measures. In
spite of such recent decisions as that in United States _v._ Darby, this
time-honored doctrine still guides the authoritative interpreters of the
Constitution in determining the validity of acts which are passed by
Congress in presumed exercise of its powers of domestic legislation--the
course of reasoning pursued by the Chief Justice in the Darby Case
itself is proof that such is the fact. In the field of foreign
relations, on the contrary, the doctrine of enumerated powers has always
had a difficult row to hoe, and today may be unqualifiedly asserted to
be defunct.

As early as the old case of Penhallow _v._ Doane, which was decided by
the Supreme Court in 1795, certain counsel thought it pertinent to urge
the following conception of the War Power:

A formal compact is not essential to the institution of a
government. Every nation that governs itself, under what form
soever, without any dependence on a foreign power, is a
sovereign state. In every society there must be a sovereignty.