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Davis, Jefferson, 1808-1889

"The Rise and Fall of the Confederate Government"

"
Of course, those stanch republican communities meant _the people of the
States_--not their _governments_, as something distinct from their
people.
New York expressed herself as follows:
"That the powers of government may be reassumed by the people
whenever it shall become necessary to their happiness; that
every power, jurisdiction, and right, which is not by the said
Constitution clearly delegated to the Congress of the United
States, or the departments of the Government thereof, remains to
_the people of the several States, or to their respective State
governments, to whom they may have granted the same_; and that
those clauses in the said Constitution, which declare that
Congress shall not have or exercise certain powers, do not imply
that Congress is entitled to any powers not given by the said
Constitution; but such clauses are to be construed either as
exceptions to certain specified powers or as inserted merely for
greater caution."
South Carolina expressed the idea thus:
"This Convention doth also declare that no section or paragraph
of the said Constitution warrants a construction that _the
States do not retain_ every power not expressly relinquished by
them and vested in the General Government of the Union."
North Carolina proposed it in these terms:
"Each State in the Union shall respectively retain every power,
jurisdiction, and right, which is not by this Constitution
delegated to the Congress of the United States or to the
departments of the General Government.


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