norml21 - Page 14



Page 14 Previous , Next , Original Image
Return to Index

 to the First Congress. The resolutions adopted by Virginia and
 New York formed the nucleus for what was later to become the
 Ninth Amendment, and reflected the concern of the states with the
 dangers inherent in the enumeration of a bill of rights, as
 espoused by Wilson and Hamilton:
 From the amendments proposed by Virginia:
 17tho That those clauses which declare that
 Congress shall not exercise certain powers be
 not interpreted in any manner whatsoever to
 extend the powers of Congress. But that they
 be construed as either making exceptions to
 the specified powers where this shall be the
 case, or otherwise as inserted merely for
 greater caution°
 The Debates in the Federal C©nvention of 17871 665 (Hunt and
 Scott Ed. 1920) (NOo 18 in the North Carolina propositions).
 From the New York Act of Ratification:
 That those clauses in the said
 Constitution which declarer 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.
 Id_ at 666 (Part of the third Article of the Rhode Island
 Declaration).
 On June 8, 1789, Madison moved in the House of
 Representatives that the House resolve itself into a committee of
 the whole so as to consider his proposed amendments. A select
 14




Previous , Next , Return to Index