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 victims is a usurpation of the power reserved to
 the people.
 The Tenth Amendment states: "The powers not delegated to
 the United States Constitution, nor prohibited by it to the
 states_ are reserved to the States respectively or to the
 people." Const. Amend. X. What is now the Tenth Amendment was
 Madison's Eighth Resolutionl which he intended to be inserted
 after Article VI_ which contains the supremacy clause of the
 Constitution. As initially proposed by Madison, Resolution Eight
 did not include the final clause _'or to the people° '_ 1 Annals
 433-436. The absence of this final clause accounts for Madison's
 oral analysis of the Eighth Resolution when the resolutions were
 proposed:
 Proposition Eight may be considered
 superfluous I admit they may be deemed
 unnecessary; there can be no harm in making
 such a declaration, if gentlemen will allow
 that the fact is as stated.
 1 Annals 459.
 The Senate added the words "or to the people," after it was
 determined by the House that the Resolutions would be appended to
 the Constitution rather than integrated into the document. The
 Senate kept no record of their debatesr and the ;House accepted
 the Senate version without further debate.
 Madison's initial proposal was a self proclaimed truism
 which defined the division of powers between the Federal
 2O




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