Thus was the
Union to be a voluntary compact, and all the powers of its government to
be derived from the assent of each of its members.
These powers as proposed by the Constitution were so extensive as to
create alarm and opposition by some of the most influential men in many
of the States. It is known that the objection of the patriot Samuel
Adams was only overcome by an assurance that such an amendment as the
tenth would be adopted. Like opposition was by like assurance elsewhere
overcome. That article is in these words: "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."
Amendment, however, of the delegated powers was made more easy than it
had been under the Confederation. Ratification by three fourths of the
States was sufficient under the Constitution for the adoption of an
amendment to it. As this power of amendment threatens to be the Aaron's
rod which will swallow up the rest, I propose to give it special
examination. What is the Constitution of the United States? The whole
body of the instrument, the history of its formation and adoption, as
well as the tenth amendment, added in an abundance of caution, clearly
show it to be an instrument enumerating the powers delegated by the
States to the Federal Government, their common agent. It is specifically
declared that all which was not so delegated was reserved.
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