Remarks of James Madison, in the House of Representatives, 8 June 1789.
It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard urged against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.
That is,
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
And, its obverse,
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.
When will we see a politician say, “I’m sorry, that’s not within my authority.”