Spalding traces the roots of American progressives to German thinkers who believed in the "Administrative State." Here, government is controlled by administrators and "experts," rather than officials elected to represent the people. Spalding also notes that the Founders and the progressives differed in their view of the Constitution. Progressives believed in a "...
Brown v. Maryland (1827)
This case centered around two facets of the Constitution: the Commerce Clause and the regulation of taxes on imports. Chief Justice Marshall offered the opinion of the Court in this case, concluding with following statement:
"It has been contended that this construction of the power to regulate commerce, as was contended in construing the prohibition to lay duties on imports, would abridge the acknowledged power of a state to tax its own citizens or their property within its territory.
We admit this power to be sacred, but cannot admit that it may be used so as to obstruct the free course of a power given to Congress. We cannot admit that it may be used so as to obstruct or defeat the power to regulate commerce. It has been observed that the powers remaining with the states may be so exercised as to come in conflict with those vested in Congress. When this happens, that which is not supreme must yield to that which is supreme."