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Government and the states, thus emphasizing the commonly held
proposition that the Federal government was a government of
limited powers° House debates antedating the Senate addition,
"or to the people" concerned the manner of limited the powers of
the Federal government, specifically, whether it should be
phrased as powers not "expressly" delegated are reserved to the
states. 1 Annals 790°
The addition of the final clause of the Tenth Amendment
obviated an obvious inconsistency with the Ninth Amendment° If,
as provided by the Ninth Amendment, certain rights were retained
by the people, an express limitation on the scope of federal
power, it would have been inconsistent to provide in the Tenth
amendment that all powers were reserved to either the federal
government or the states. The Senate addition, consented to by
the House without debate, harmonized and in effect made mutual
the purpose of the Ninth and Ten Amendments to reaffirm the
principle that there are unenumerated rights retained by the
people and that for this very reason, there were, powers which
neither the federal government nor the states possessed°
Although the Senate kept no copy of debate, the inclusion of this
final clause "or to the people," indicates their degree of
solicitude for upholding "other rights retained by the people, _'
as expressed in the Ninth _men_nento
The view was recently assumed by A.Ho Kelly, constitutional
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