Excerpted from the paper, “James Madison’s Celebrated Report of 1800: The Transformation of the Tenth Amendment”

The historical precursor to the Tenth Amendment was Article II of the Articles of Confederation, which declared that, “Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.”

Because the states had existed for more than a decade under the Articles of Confederation as thirteen independent and sovereign states, the degree to which the proposed Constitution would diminish (or eradicate) state sovereignty was a major issue in the ratification debates.

Despite Federalist assurances to the contrary, Anti-federalists warned of the potential consolidation of the states under a national government with unlimited power. Although a sufficient number of states eventually agreed to ratify the Constitution, a number of them did so with the understanding that the scope of federal power would be strictly limited. Several state conventions included statements of principle along with their notice of ratification declaring their understanding that all non-delegated powers, jurisdictions and rights were reserved to the states.

The New York Convention, for example, declared:

[T]hat every power, jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the people of the several states, or to their respective state governments, to whom they may have granted the same; and that those clauses in the said Constitution, which declare, that Congress shall not have or exercise certain powers, do not imply that Congress is entitled to any powers not given by the said Constitution; but such clauses are to be construed either as exceptions to certain specified powers, or as inserted merely for greater caution

Continue reading at: http://tenthamendmentcenter.com/2013/03/05/a-brief-history-of-the-t...