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 Posted: Sat Feb 23rd, 2013 11:06 pm
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JG6789
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MildMan wrote: 5) The amendment that states that “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.”

 

The discussion surrounding this is more complicated than it looks.  It was the primary source of disagreement between the Jeffersonian Republicans and the Hamiltonian Federalists.  Over the course of the first decades of the Republic, though, even the Republicans came to accept that the Federal government possessed at least some “implied powers” (as Hamilton argued by way of the “necessary and proper clause” of the constitution).  The Supreme Court under John Marshall agreed.  So the issue would seem to have been settled legally.  Which is not to say that the political parties didn’t disagree over the extent of those powers. 

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