the noble offices of charity to have the charge of
them transferred from the States to the Federal Government.
Are we not too prone to forget that the Federal Union
is the creature of the States, not they of the Federal
Union? We were the inhabitants of colonies distinct
in local government one from the other before the
Revolution. By that Revolution the colonies each
became an independent State. They achieved that
independence and secured its recognition by the agency
of a consulting body, which, from being an assembly
of the ministers of distinct sovereignties instructed
to agree to no form of government which did not leave
the domestic concerns of each State to itself, was
appropriately denominated a Congress. When, having
tried the experiment of the Confederation, they resolved
to change that for the present Federal Union, and
thus to confer on the Federal Government more ample
authority, they scrupulously measured such of the functions
of their cherished sovereignty as they chose to delegate
to the General Government. With this aim and
to this end the fathers of the Republic framed the
Constitution, in and by which the independent and sovereign
States united themselves for certain specified objects
and purposes, and for those only, leaving all powers
not therein set forth as conferred on one or another
of the three great departments—the legislative,
the executive, and the judicial—indubitably
with the States. And when the people of the several
States had in their State conventions, and thus alone,
given effect and force to the Constitution, not content
that any doubt should in future arise as to the scope
and character of this act, they ingrafted thereon
the explicit declaration that “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.”
Can it be controverted that the great mass of the business
of Government—that involved in the social
relations, the internal arrangements of the body politic,
the mental and moral culture of men, the development
of local resources of wealth, the punishment of crimes
in general, the preservation of order, the relief of
the needy or otherwise unfortunate members of society—did
in practice remain with the States; that none of these
objects of local concern are by the Constitution expressly
or impliedly prohibited to the States, and that none
of them are by any express language of the Constitution
transferred to the United States? Can it be claimed
that any of these functions of local administration
and legislation are vested in the Federal Government
by any implication? I have never found anything
in the Constitution which is susceptible of such a
construction. No one of the enumerated powers
touches the subject or has even a remote analogy to
it. The powers conferred upon the United States
have reference to federal relations, or to the means
of accomplishing or executing things of federal relation.