In the last two chapters I have taken up the two fundamental laws of life—the law of interpenetration and the law of multiples. (1) Sovereignty, we have seen, is the power generated within the group—dependent on the principle of interpenetration. (2) Man joins many groups—in order to express his multiple nature. These two principles give us federalism.
Let us, before considering the conception of federalism in detail, sum up in a few sentences what has already been said of these two principles. The fundamental truth of life we have seen is self-perpetuating activity—activity so regnant, so omnipresent, so all-embracing, that it banishes even the conception of anything static from the world of being. Conscious evolution means that we must discover the essential principle of this activity and see that it is at work in the humblest of its modes, the smallest group or meeting of even two or three. The new psychology has brought to political science the recognition of interpenetration and the “compounding of consciousness” as the very condition of all life. Our political methods must conform to life’s methods. We must understand and follow the laws of association that the state may appear, that our own little purposes may be fulfilled. Little purposes? Is there any great and small? The humblest man and the price of his daily loaf—is this a small matter—it hangs upon the whole world situation today. In order that the needs of the humblest shall be satisfied, or in order that world purposes shall be fulfilled—it matters not which—this principle of “compounding” must be fully recognized and embodied in our political methods. It is this vital intermingling which creates the real individual and knits men into the myriad relations of life. We win through life our individuality, it is not presented to us at the beginning to be exploited as we will. We win a multiple individuality through our manifold relations. In the workings of this dual law are rooted all of social and political progress, all the hope and the potency of human evolution.
Only the federal state can express this dual principle of existence—the compounding and the multiple compounding. It is an incomplete understanding of this dual law which is responsible for the mistaken interpretation of federalism held by some of the pluralists: a conception which includes the false doctrines of division of power, the idea that the group not the individual should be the unit of the state, the old consent of governed theory, an almost discarded particularism (group rights), and the worn-out balance theory.
The distributive sovereignty school assumes that the essential, the basic part of federalism is the division of power between the central and separate parts: while the parts may be considered as ceding power to the central state, or the central state may be considered as granting power to the parts, yet in one form or another federalism means a divided sovereignty. Esmein says definitely, “L’État fédératif … fractionne la souveraineté. …”123 No, it should unite sovereignty. There should be no absolute division of power or conferring of power. The activity of whole and parts should be one.
In spite of all our American doctrines of the end of the eighteenth century, in spite of our whole history of states-right theory and sentiment, the division of sovereignty is not the main fact of the United States government. From 1789 to 1861 the idea of a divided sovereignty—that the United States was a voluntary agreement between free, sovereign and independent states, that authority was “divided” between nation and states—dictated the history of the United States. The war of 1861 was fought (some of the pluralists seem not to know) to settle this question.124 The two ideas of federalism came to a death grapple in our Civil War and the true doctrine triumphed. That war decided that the United States was not a delegated affair, that it had a “real” existence, and that it was sovereign, yet not sovereign over the states as an external party, for it is composed of the states, but sovereign over itself, merely over itself. You have not to be a mystic to understand this but only an American. Those who see in a federal union a mere league with rights and powers granted to a central government, those who see in a federal union a balancing of sovereign powers, do not understand true federalism. When we enumerate the powers of the states as distinct from the powers of our national government, some people regard this distinction as a dividing line between nation and states, but the true “federalist” is always seeing the relation of these powers to those of the central government. There are no absolute divisions in a true federal union.
Do we then want a central government which shall override the parts until they become practically nonexistent? The moment federalism attempts to transcend the parts it has become vitiated. Our Civil War was not, as some writers assert, the blow to states-rights and the victory of centralization. We shall yet, I believe, show that it was a victory for true federalism.125 The United States is neither to ignore the states, transcend the states, nor to balance the states, it is to be the states in their united capacity.
Of course it is true that many Americans do think of our government as a division of powers between central and local authority, therefore there is as a matter of fact much balancing of interests. But as far as we are doing this at Washington it is exactly what we must get rid of. The first lesson for every member of a federal government to learn is that the interests of the different parts, or the interests of the whole and the interests of the parts, are never to be pitted against each other. As far as the United States represents an interpenetration of thought and feeling and interest and will, it is carrying out
