Proceedings and Committee Reports Volume 43

Proceedings and Committee Reports Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...scheme and supplants it with another is a misnomer. It was ably contended by the first intellects of the time that the first ten amendments were unnecessary, because they merely recited a list of rights and limitations already existing; which was doubtless true. But it was answered that if that were so, there could be no valid objection to their proposal and acceptance, since the people would not otherwise rest content. The 10th Amendment cannot therefore be regarded so much as a limitation upon the powers of the Federal Government than as a positive expression, subsequently incorporated into the Constitution, of a limitation upon Article 5. The people immediately exercised the power of amendment provided in that article, by expressly reserving to themselves or to the States respectively every power not then delegated to the United States by the Constitution or prohibited by it to the States. If, notwithstanding this, the power to alter or abolish the Amendment reposes in the article under which it was en grafted upon the organic charter, then it must be conceded that the article may be used to destroy the document of which it is a part, and the un-amendable right of the States to an equal suffrage in the Senate may be degraded into a meaningless formula. Should I be asked to define the boundary between these features of the Constitution which may and those which may notbe the subject of amendment, I would confess my inability to make adequate reply. But I might answer with some degree of confidence that the States can be deprived of no element of local sovereignty essential to their efficiency and needful for the protection of the lives, liberties and property of their citizens, either abolishing it, or transferring it to the more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 1236938232
  • 9781236938237