[Footnote b: Congress made this declaration on February 21, 1787.]

[Footnote c: It consisted of fifty-five members; Washington, Madison,
Hamilton, and the two Morrises were amongst the number.]

[Footnote d: It was not adopted by the legislative bodies, but
representatives were elected by the people for this sole purpose;
and the new constitution was discussed at length in each of these
assemblies.]

Summary Of The Federal Constitution

Division of authority between the Federal Government and the States--The
Government of the States is the rule, the Federal Government the
exception.

The first question which awaited the Americans was intricate, and by no
means easy of solution: the object was so to divide the authority of
the different States which composed the Union that each of them should
continue to govern itself in all that concerned its internal prosperity,
whilst the entire nation, represented by the Union, should continue to
form a compact body, and to provide for the general exigencies of the
people. It was as impossible to determine beforehand, with any degree
of accuracy, the share of authority which each of two governments was to
enjoy, as to foresee all the incidents in the existence of a nation.

The obligations and the claims of the Federal Government were simple
and easily definable, because the Union had been formed with the express
purpose of meeting the general exigencies of the people; but the claims
and obligations of the States were, on the other hand, complicated and
various, because those Governments had penetrated into all the details
of social life. The attributes of the Federal Government were therefore
carefully enumerated and all that was not included amongst them
was declared to constitute a part of the privileges of the several
Governments of the States. Thus the government of the States remained
the rule, and that of the Confederation became the exception. *e

[Footnote e: See the Amendment to the Federal Constitution;
"Federalist," No. 32; Story, p. 711; Kent's "Commentaries," vol. i. p.
364.

It is to be observed that whenever the exclusive right of regulating
certain matters is not reserved to Congress by the Constitution, the
States may take up the affair until it is brought before the National
Assembly. For instance, Congress has the right of making a general law
on bankruptcy, which, however, it neglects to do. Each State is then
at liberty to make a law for itself. This