Thursday, July 13, 2006
"....The compact itself-expressly provides that all powers not delegated are reserved to the states and the people*. To ascertain, then, whether the power in question is delegated or reserved, it is only necessary to ascertain whether it is to be found among the enumerated powers or not. If it be not among them, it belongs, of course, to the reserved powers. On turning to the Constitution, it will be seen that, while the power of defending the country against external danger is found among the enumerated, the instrument is wholly silent as to the power of defending the internal peace and security of the states, and, of course, reserves to the states this important power, as it stood before the adoption of the Constitution, with no other limitations, as has been stated, except such as are expressly prescribed by the instrument itself. From what has been stated, it may be inferred that the right of a state to defend itself against internal dangers is a part of the great primary and inherent right of self-defence, which, by the laws of nature, belongs to all communities; and so jealous were the states of this essential right, without which their independence could not be preserved, that it is expressly provided by the Constitution, that the general government shall not assist a state, even in case of domestic violence, except on the application of the authorities of the state itself; thus excluding, by a necessary consequence, its interference in all other cases...."