her constitute the government
of the United States, or the complete national government; for neither
the General government nor the State government is complete in itself.
The convention developed a general government, and prescribed its
powers, and fixed their limits and extent, as well as the bounds of the
powers of the State or particular governments; but they are the United
States assembled in convention that do all this, and, therefore,
strictly speaking, no powers are conceded to the United States that
they did not previously possess. The convention itself, in the
constitution it ordained, defines very clearly from whom the General
government holds its powers. It holds them, as we I have seen, from
"We, the people of the United States;" not we, the people of the States
severally, but of the States united. If it had meant the States
severally, it would have said, We, the States; if it had recognized and
meant the population of the country irrespective of its organization
into particular States, it would have said simply, We, the people. By
saying "We, the people of the United States," it placed the sovereign
power where it is, in the people of the States united.
The convention ordains that the powers not conceded to the General
government or prohibited to the particular governments, "are reserved
to the States respectively, or to the people." But the powers reserved
to the States severally are reserved by order of the United States, and
the powers not so reserved are reserved to the people. What people?
The first thought is that they are the people of the States severally;
for the constitution understands by people the state as distinguished
from the state government; but if this had been its meaning in this
place, it would have said, "are reserved to the States respectively, or
to the people" thereof. As it does not say so, and does not define the
people it means, it is necessary to understand by them the people
called in the preamble "the people of the United States." This is
confirmed by the authority reserved to amend the constitution, which
certainly is not reserved to the States severally, but necessarily to
the power that ordains the constitution--"We, the people of the United
States." No power except that which ordains is or can be competent to
amend a constitution of government. The particular mode prescribed by
the convention in which the constitution of the government may be
amended has no beari
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