norml21 - Page 20
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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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