[The Promise Of American Life by Herbert David Croly]@TWC D-Link bookThe Promise Of American Life CHAPTER XII 10/92
The states may well submit to the constant extension of a protecting arm to corporations by the Federal courts, provided the central government is accomplishing more efficiently than can any combination of state governments the amount of supervision demanded by the public interest.
But if the Federal courts are to be constantly invoked, in order to thwart the will of state legislatures and commissions, and if at the same time the authority which protects either neglects or is unable effectively to supervise, there is bound to be a revival of anti-Federal feeling in its most dangerous form.
Whatever the corporations may suffer from the efficient exercise of Federal regulative powers, they have far more to fear from the action of the state governments--provided such action proceeds from an irresponsible local radicalism embittered by being thwarted.
The public opinion on which the corporations must depend for fair treatment is national rather than local; and just in as far as they can be made subject to exclusive centralized jurisdiction, just to that extent is there a good chance of their gradual incorporation into a nationalized economic and legal system. The control of the central government over commerce and the corporations should consequently be substituted for the control of the states rather than added thereto; and this action should be taken not in order to enfeeble American local governments, but to invigorate them.
The enjoyment by any public authority of a function which it cannot efficiently perform is always a source of weakness rather than of strength; and in this particular case it is a necessary source, not merely of weakness, but of corruption.
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