In all these particulars,the Federal Constitution is clearly "distinguishable from the constitutions of the State governments."The views just presented support this obvious distinction,that in the State constitutions every power is granted which is not denied;in the Federal Constitution,every power is denied which is not granted.There are yet other views of the subject,which lead us to the same conclusion.
The objects for which the Federal Government was,established,are by no means equal in importance to those of the State constitutions.It is difficult to imagine any necessity for a Federal Government at all,except what springs from the relation of the States to foreign nations.A union among them is undoubtedly valuable for many purposes.It renders them stronger and more able to resist their enemies;it attracts to them the respect of other countries,and gives them advantages in the formation of foreign connections;it facilitates all the operations of war,of commerce and of foreign diplomacy.But these objects,although highly important,are not so important as those great rights which are secured to us by the State constitutions.The States might singly protect themselves;singly form their foreign connections,and singly regulate their commerce,not so effectually,it is true,but effectually enough to afford reasonable security to their independence and general prosperity.In addition to all this,we rely exclusively on the State governments for the security of the great rights of life,liberty and property.All the valuable and interesting relations of the social state spring from them.They give validity to the marriage tie;
they prescribe the limits of parental authority;they enforce filial duty and obedience;they limit the power of the master,and exact the proper duties of the servant.Their power pervades all ranks of society,restraining the strong,protecting the weak,succoring the poor,and lifting up the fallen and helpless.They secure to all persons an impartial administration of public justice.In all the daily business of life,we set under the protection and guidance of the State governments.They regulate and secure our rights of property;they enforce our contracts and preside over the peace and safety of our firesides.There is nothing dear to our feelings or valuable in our social condition,for which we are not indebted to their protecting and benignant action.Take away the Federal Government altogether,and still we are free,our rights are still protected,our business is still regulated,and we still enjoy all the other advantages and blessings of established and well-organized government.But if you take away the State governments,what have you left?A Federal Government,which can neither regulate your industry,secure your property,nor protect your person!Surely there can be no just reason for stealing,by liberal constructions and implications,from these beneficent State governments,any portion of their power,in order to confer it on another government,which,from its very organization,cannot possibly exert it for equally useful purposes.
A strict construction of the Constitution will give to the Federal Government all the power which it can beneficially exert,all that is necessary for her to possess,and all that its framers ever designed to confer on it.
To these views of the subject we may add,that there is a natural and necessary tendency in the Federal Government to encroach on the rights and powers of the States.As the representative of all the States,it affords,in its organization,an opportunity for these combinations,by which a majority of the States may oppress the minority,against the spirit or even the letter of the Constitution.There is no danger that the Federal Government will ever be too weak.Its means of aggrandizing itself are so numerous,and its temptations to do so are so strong,that there is not the least necessity to imply any new power in its favor.The States,on the contrary,have no motive to encroach on the Federal Government,and no power to do so,even if they desired it.In order,therefore,to preserve the just balance between them,we should incline,in every doubtful case,in favor of the States;confident that the Federal Government has always the inclination,and always the means,to maintain itself in all its just powers.
The Constitution itself suggests that it should be strictly and not liberally construed.The tenth amendment provides,that "the powers not delegated to the United States,nor prohibited,to the States,by the Constitution,are reserved to the States and the people."There was a corresponding provision in the Articles of Confederation,which doubtless suggested this amendment.
