As
sovereignty was not delegated by the States, it was necessarily
reserved. It would be superfluous to answer arguments against implied
powers of the States; none are claimed by implication, because all not
delegated by the States remained with them, and it was only in an
abundance of caution that they expressed the right to resume such parts
of their unlimited power as was delegated for the purposes enumerated.
As there be those who see danger to the perpetuity of the Union in the
possession of such power by the States, and insist that our fathers did
not intend to bind the States together by a compact no better than "a
rope of sand," it may be well to examine their position. From what have
dangers to the Union arisen? Have they sprang from too great restriction
on the exercise of the granted powers, or from the assumption by the
General Government of power claimed by implication? The whole record of
our Union answers, from the latter only.
Was this tendency to usurpation caused by the presumption of paramount
authority in the General Government, or by the assertion of the right of
a State to resume the powers it had delegated? Reasonably and honestly
it can not be assigned to the latter. Let it be supposed that the "whole
people" had recognized the right of a State of the Union, peaceably and
independently, to resume the powers which, peaceably and independently,
she had delegated to the Federal Government, would not this have been
potent to restrain the General Government from exercising its functions
to the injury and oppression of such State? To deny that effect would be
to suppose that a dominant majority would be willing to drive a State
from the Union.
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