norml21 - Page 14
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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
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