This paper examines major benchmarks in the growth of the United States federal government between 1901 and 1981. Beginning with early uniformity legislation in the Progressive Era, the paper traces the establishment of the Federal Reserve System in 1913, the 1938 Supreme Court overturning of common law, and President Roosevelt's Federal Register Act of 1935. The author argues that these developments collectively shifted power away from constitutionally established frameworks and toward a larger, more centralized government apparatus. The paper draws on constitutional analysis and secondary sources to suggest that the cumulative effect of these changes rendered the original Constitution largely unrecognizable by the late twentieth century.
Since the original conception of democratic government in the United States and the founding documents of the Constitution and the Bill of Rights, there have been many changes, modifications, and about-face turns in American governance. During the years spanning 1901 to 1981, legislation was enacted that gave the government more power than was originally conceived. The government steadily grew larger, casting its shadow across the entire spectrum of American life. It grew into a large mechanism that slowly but surely sidelined the framework of the Constitution while enacting increasingly restrictive and invasive laws into the mainstream of government.
The years from 1901 through 1908 were characterized by the United States government, in conjunction with individual states, seeking to enforce some type of uniformity in the law — a uniformity meant to apply equally whether in Maine or Mississippi. The first of these Uniform Acts was the Uniform Warehouse Receipts Act, followed by the Uniform Desertion Act, the Non-Support Act, and a uniform marriage act. An act regulating marriage annulment and divorce was also adopted, and work began on the Uniform Corporation Act.
By the year 1910, twenty uniform acts had been approved, including the Uniform Partnership Act. Following these came the Uniform Marriage and Marriage License Act and the Uniform Child Labor Act. By 1915, the Constitution and by-laws of the Uniform Law Commission underwent a complete revision. These early legislative efforts set the stage for a federal government increasingly involved in standardizing and regulating aspects of American civic and commercial life that had previously been left to the states.
The Federal Reserve Act — also known as the Currency Bill or Owen-Glass Act — established a framework for a system of eight to twelve regional reserve banks that would be the property of commercial banks and operate under the supervision of a governing committee. It was signed into law by President Woodrow Wilson on December 23, 1913, creating the Federal Reserve System. This legislation represented a major expansion of centralized financial authority. There have been vital changes to the system's founding documents since then — first during the Great Depression and again during the economic difficulties of the 1970s.
"Supreme Court eliminates 150 years of common law"
"Roosevelt grants presidency unconstitutional lawmaking authority"
Since 1938, the Uniform Laws — now called the Uniform Commercial Laws — as well as the creation of the Federal Reserve System, have altered what the U.S. Constitution established to a degree that the original Constitution would be unrecognizable today. Just prior to his assassination, President John F. Kennedy made it known that he intended to address problems existing within the Federal Reserve and the Internal Revenue system of "big government." Sadly, he did not live long enough to accomplish that.
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