It holds them, as we I
have seen, from "We, the people of the United States;" not we,
the people of the States severally, but of the States united. If
it had meant the States severally, it would have said, We, the
States; if it had recognized and meant the population of the
country irrespective of its organization into particular States,
it would have said simply, We, the people. By saying "We, the
people of the United States," it placed the sovereign power where
it is, in the people of the States united.
The convention ordains that the powers not conceded to the
General government or prohibited to the particular governments,
"are reserved to the States respectively, or to the people." But
the powers reserved to the States severally are reserved by order
of the United States, and the powers not so reserved are reserved
to the people. What people? The first thought is that they are
the people of the States severally; for the constitution
understands by people the state as distinguished from the state
government; but if this had been its meaning in this place, it
would have said, "are reserved to the States respectively, or to
the people" thereof. As it does not say so, and does not define
the people it means, it is necessary to understand by them the
people called in the preamble "the people of the United States."
This is confirmed by the authority reserved to amend the
constitution, which certainly is not reserved to the States
severally, but necessarily to the power that ordains the
constitution--"We, the people of the United States.
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