The Commerce Clause and the State

It has been a matter of observation, and of some concern, among thoughtful men in this country who have attended to the evolution of constitutional doctrine as declared by the Supreme Court of the United States, that that body has perhaps, in a few respects, unwisely expanded Federal power.For example, the view is held not only by strict constructionists, but by many who are in sympathy with the doctrine of a broad nationality, that the Court has erred in establishing as its law that the Federal Courts are not bound by the decisions of the courts of the State where they happen to be sitting, on matters. of general commercial law, and other subjects not involving a. construction of the Federal Constitution, statutes and treaties.The harmony of our two systems of government, State and National, would seem to require, not only that the State Courts should be permitted to construe their own Constitutions and statutes, but that the principles of general law established by them, should be obligatory upon the Federal Courts administering law in the several States and taking jurisdiction solely on the ground of citizenship.The establishment of a Federal commercial law is conceived to be an excrescence on the Federal system.The extension of Congressional power, by late decisions of the Supreme Court, has also been the subject of some animadversion.When the second series of Legal Tender Cases were decided (1870), 12 Wall.(79 U. S.) 457, it was charged that the Court was packed by President Grant, for the VOL.XXXVII.-47