Posted by
SAD,SAD, GOP on Saturday, April 11, 2009 2:00:28 PM
Our Founders DEBATED and
DENOUNCED, BY VOTE, LIMITING GOVERNMENT TO POWERS "EXPRESSED" in the Constitution by the 10th
Amendment. The House of Representatives voted against adding the word
"expressly", in what became the 10th
Amendment, and in the debate admitted there are also powers by
"implication." The Bill of Rights then went on up the ladder with
parties knowing this issue had been debated at least TWICE.
If you are like me, you are getting tired of hearing some people
claiming to know our Founder's "intent" of the Tenth Amendment, saying
it limits Federal Government powers to only those expressed.
Yes, legally, "INTENT" Does Matter!
Legislative intent of the statute does come into play when a statute
could be interpreted in more than one way. The intent must be inferred
from sources other than the actual text of the statute. The most
important would be THE FOUNDER'S OWN REMARKS AND VOTES on the statute.
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House of Representatives, Amendments to the Constitution (18, 21 Aug. 1789 *Annals 1:761, 767--68)
On the record.....
[18 Aug. 1789]
The 9th proposition, in the words following, was considered, "The
powers not delegated by the constitution, nor prohibited by it to the
States, are reserved to the States respectively."
Mr. Tucker proposed to amend the proposition, by prefixing to it
"all powers being derived from the people." He thought this a better
place to make this assertion than the introductory clause of the
Constitution, where a similar sentiment was proposed by the committee.
He extended his motion also, to add the word "EXPRESSLY," so as to read
"the powers not expressly delegated by this Constitution."
Mr. Madison objected to this amendment, because it was impossible to
confine a Government to the exercise of express powers; there must
necessarily be admitted powers by implication, unless the Constitution
descended to recount every minutia. He remembered the word "EXPRESSLY"
had been moved in the convention of Virginia, by the opponents to the
ratification, and, after full and fair discussion, was given up by
them, and the system allowed to retain its present form.
Mr. Sherman coincided with Mr. Madison in opinion, observing that
corporate bodies are supposed to possess all powers incident to a
corporate capacity, without being absolutely expressed.
Mr. Tucker did not view the word "EXPRESSLY" in the same light with
the gentleman who opposed him; he thought every power to be expressly
given that could be clearly comprehended within any accurate definition
of the general power.
Mr. Tucker's motion being negatived,
Mr. Carroll proposed to add to the end of the proposition, "or to the people;" this was agreed to.
[21 Aug. 1789]
The ninth proposition Mr. Gerry proposed to amend by inserting the word
"EXPRESSLY," so as to read "the powers not expressly delegated by the
Constitution, nor prohibited to the States, are reserved to the States
respectively, or to the people." As he thought this an amendment of
great importance, he requested the yeas and nays might be taken. He was
supported in this by one-fifth of the members present; whereupon they
were taken, and were as follows:
Yeas.--17 [Messrs. Burke, Coles, Floyd, Gerry, Grout, Hathorn,
Jackson, Livermore, Page, Parker, Partridge, Van Rensselaer, Smith, (of
South Carolina,) Stone, Sumter, Thatcher, and Tucker]
Nays.--32 [Messrs. Ames, Benson, Boudinot, Brown, Cadwalader,
Carroll, Clymer, Fitzsimons, Foster, Gale, Gilman, Goodhue, Hartley,
Heister, Lawrence, Lee, Madison, Moore, Muhlenburg, Schureman, Scott,
Sedgwick, Seney, Sherman, Sylvester, Sinnickson, Smith, (of Maryland,)
Sturges, Trumbull, Vining, Wadsworth, and Wynkoop]
Mr. Sherman moved to alter the last clause, so as to make it read,
"the powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people."
This motion was adopted WITHOUT DEBATE.
(* Annals of Congress. The Debates and Proceedings in the Congress of
the United States. "History of Congress." 42 vols. Washington, D.C.:
Gales & Seaton, 1834--56.)
FROM:
http://press-pubs.uchicago.edu/founders/
documents/amendXs6.html
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On 25 September 1789, by the required two-thirds majority in both of
its chambers, Congress sent twelve amendments to the states for
ratification, but the first two failed to be ratified. On 15 December
1791 the last state ratified the ten amendments that comprise the Bill
of Rights; and they became part of the Constitution.