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1 Annals 435.
The language of Madison's proposal 4(10) is similar to
Virginia's proposed Amendment 17_ which by inference served as
Madison's model -- with one essential difference° Both
amendments express a rule of construction, i.eo, the expression
of certain enumerated rights shall not be construed to enlarge
the powers delegated by the Constitution to the federal
government° Madison's amendment presented to the First Congress
contained a second meaningr absent_ or at least unexpressed, in
Virginia proposed Amendment number 17. To quote for purposes of
emphasis from Madison's proposed 4(10):
The exceptions shall not be construed
as to diminish the just importance of other
rights retained b_y_the peqple
(emphasis added}.
The following is Madison's explanation of the purpose of
Resolution 4, Section i0:
It has been objected also against the Bill of
Rights, that, by enumerating particular
exceptions to the grant of powers, it would
disparage those ri ht_s which were noL_laced
in hat enumeration; and it might follow, by
implications that those rights which were not
singled out, were intended to be assigned
into the hands of the general governments and
were consequently insecure° This is one of
the most plausible arguments I h_ve ever
heard urged against the admission of a bill
of rights into this system; but as I
conceives that it may be guarded against, I
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