448 -State Papers and Addresses

Government of governmental power and a broadened judicial construction of
the scope, of such powers does not 'necessarily -imply that the constitutional
position. of the States has changed. In none of the Supreme Court decisions
extending Federal power has there been a departure from the basic principle
of a dual system of. government—that the Federal. Government may exercise
only such powers as are granted to it in the Constitution, or which are ap-
propriate methods of carrying these. powers into execution,, and that other
powers are reserved to the States... . •

To conclude that the States as governmental instrumentalities have become
of minor and constantly diminishing importance simply cannot be reconciled
with facts or the trend of judicial opinion in the Supreme Court. In the light
of recent pronouncements, on the contrary, the picture presented is not so much
one of increased Federal governmental power with a corresponding decrease in
that of the States, as it is one of increased governmental power generally, with
both State and Federal Governments being permitted to exercise such control
as each in its respective sphere may reasonably regard as demanded by the com-
plexities of present day economic society.

So far, then, from being diminished in importance by the growth of Fed-
eral governmental power, the States as governmental agencies have likewise
increased in importance. Only to the limited extent that they have in the
past occupied fields subject to Federal regulation if, as and when exercised,
have they been ousted by the extension of Federal power, and then only to
the extent that a clear case of conflict with Federal regulation is extended.

Certainly in the field of law enforcement no such conflict has been indi-
cated. In fact, all the tendency has been in the opposite direction.

In view of constantly changing State and.. National conditions today, how-
ever, if the administration of justice is to be kept in line with, the demands of
society, it must be continually subject to revision. As new problems develop,
new solutions must be sought, many of which will necessarily be experimental
in character. .,

The ever-shifting nature of the problem of enforcement emphasizes the
desirability of administration through the State Governments. In the States,
as units, the necessary experimentation can be carried on much more success-
fully and with decidedly less harmful potentials than if the administration of
justice, and the solution of enforcement problems, were the exclusive prerogative
of the National Government. .....

Thus, with a number of States seeking the answer to enforcement questions
in their own well-considered ways, correct solutions will be developed much
more readily than if the one Federal agency had addressed itself to the task.
The several States may thereupon adapt the devices found to be successful
elsewhere to their own local needs. • ......

In dealing with crime, despite the wide attention given to its national
aspects, the procedure is nevertheless one essentially local in its nature. ' Con-
sequently it can be dealt with most successfully through local and State
governments rather than National.