Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
It reads: “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved to
the states respectively, or to the people.” The argument of counsel
ignores the principal factor in this Article, to wit, “the people.”
Its principal purpose was not the distribution of power between the
United States and the states, but a reservation to the people of all
powers not granted. The Preamble of the Constitution declares who
framed it,--“We the people of the United States,” not the people of
one state, but the people of all the states; and Article X reserves to
the people of all the states the powers not delegated to the United
States. The powers affecting the internal affairs of the states not
granted to the United States by the Constitution, nor prohibited
by it to the states, are reserved to the states respectively, [the
power of each state for that state to its own people or citizens] and
all powers of a _national character_ which are not delegated to the
national government by the Constitution are reserved to the people of
the United States [the one people or citizens of America, that one
American people which Marshall so accurately knew]. The people who
adopted the Constitution, knew that in the nature of things they could
not forsee all the questions which might arise in the future, all the
circumstances which might call for the exercise of further _national_
powers than those granted to the United States, and, after making
provision for an Amendment to the Constitution by which any needed
additional powers would be granted, they reserved to themselves all
powers not so delegated. (Supreme Court, Kansas v. Colorado, 1907, 206
_U. S._ 46 at p. 90.)
Public-domain text, read in full here on John Shaqi.
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