752
CONSTITUTION OF THE U. STATES.
[BOOK III.
a negation in particular cases implies an affirmation in all others.[1] The maxim, rightly understood, is perfectly sound and safe; but it has often been strangely forced from its natural meaning into the support of the most dangerous political heresies. The amendment was undoubtedly suggested by the reasoning of the Federalist on the subject of a general bill of rights.[2]
§ 1899. The next and last amendment is: "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."
§ 1900. This amendment is a mere affirmation of what, upon any just reasoning, is a necessary rule of interpreting the constitution. Being an instrument of limited and enumerated powers, it follows irresistibly, that what is not conferred, is withheld, and belongs to the state authorities, if invested by their constitutions of government respectively in them; and if not so invested, it is retained by the people, as a part of their residuary sovereignty.[3] When this amendment was before congress, a proposition was moved, to insert the word "expressly" before "delegated," so as to read "the powers not expressly delegated to the United States by the constitution," &c. On that occasion it was remarked, that it is impossible to confine a government to the exercise of express powers. There must necessarily be admitted powers by implication, unless the constitution descended to the most minute details.[4] It is a general principle, that all corporate- ↑ See ante, Vol. I. § 448; The Federalist, No. 83.
- ↑ The Federalist, No. 84; ante, Vol. III. §§ 1852 to 1857; 1 Lloyd's Debates, 433, 437; 1 Tucker's Black. Comm. App. 307, 308.
- ↑ See 1 Tucker's Black. Comm. App. 307, 308, 309.
- ↑ Mr. Madison added, that he remembered the word "expressly" had been moved in the Virginia Convention by the opponents to the ratifi-
