Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
The most important declaration in those amazingly important ten
declarations, which secured the adoption of our Constitution, is the
plain statement that every _national_ power to interfere with the
human freedom of Americans, not granted in Article I, was reserved to
the American people themselves in their capacity as the citizens of
America. That is the explicit statement of what we know as the Tenth
Amendment. In itself, that statement was but the plain and accurate
echo of what was stated by the American people (who made the enumerated
grants of such powers in Article I) in the conventions where they made
those grants. Their statement was nowhere more accurately expressed, in
that respect, than in the resolution of the Virginia Convention, which
ratified the Constitution. That resolution began, “Whereas the powers
granted under the proposed constitution are the gift of the PEOPLE, and
every power NOT GRANTED thereby remains with THEM, and at THEIR will,
etc.” (3 _Ell. Deb._ 653.)
After the same statement had been expressly made (with authoritative
effect as part of the original Constitution) in that Article which we
know as the Tenth Amendment, it was again and again echoed, in the
plainest language, from the Bench of the Supreme Court.
As far back as 1795, in the case of Vanhorne’s Lessee vs. Dorrance, 2
_Dall._ 304, Justice Patterson stated that the Constitution of England
is at the mercy of Parliament, but “in America, the case is widely
different.”... A Constitution “is the form of government, delineated
by the mighty hand of the people, in which certain first principles
of fundamental laws are established. The Constitution is certain and
fixed; it contains the permanent will of the people, and is the supreme
law of the land; it is paramount to the power of the legislature, and
can be revoked or altered only by the authority that made it. The
life-giving principle and the death-dealing stroke must proceed from
the same hand.... The Constitution fixes limits to the exercise of
legislative authority, and prescribes the orbit within which it must
move.... Whatever may be the case in other countries, yet in this there
can be no doubt, that every act of the legislature, repugnant to the
Constitution, is absolutely void.”
To us average Americans, who have lived with those earlier Americans
through the days in which they constituted their nation and distributed
all _granted_ national powers between governments _in_ America and
_reserved_ all other _general_ American national powers exclusively
to themselves, the Virginia Resolution, the Tenth Amendment, and the
quoted language of the Circuit Court are in strict conformity with the
education _we_ have received.
Public-domain text, read in full here on John Shaqi.
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