[Congressional Record Volume 152, Number 89 (Tuesday, July 11, 2006)]
[House]
[Page H5015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 THE 10TH AMENDMENT TO THE CONSTITUTION

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Idaho (Mr. Otter) is recognized for 5 minutes.
  Mr. OTTER. Mr. Speaker, I rise today to talk about one of my favorite 
subjects, and that is the Constitution of the United States. But I want 
to focus a little bit more today than I generally do and specifically 
on the 10th amendment to the Constitution.
  The 10th amendment to the Constitution, affectionately referred to by 
most everyone who really reveres the Constitution, would recognize it 
as the so-called ``States' rights amendment.'' Actually, Mr. Speaker, I 
have always felt that it was the contract between the States and the 
creation of the States that we know today as the Federal Government.
  Many folks today I believe have it wrong. They think that the Federal 
Government created the States, whereas, in fact, it was the original 13 
States that, in union together, created the Federal Government. And it 
has always been my long-held belief and opinion that the created can 
never be greater than the creator in any sense.
  And so in my opportunity today, I want to remind the people of that 
contract between the Federal Government and the States. And it is a 
simple contract; so perhaps one might suggest that it was never written 
by a lawyer because it is only 28 words, and it says the powers not 
delegated to the United States by the Constitution are reserved to the 
States respectively, or to the people.
  Now, I may have gotten that a little confused in my enthusiasm, Mr. 
Speaker; but my enthusiasm for the spirit and the heart of the 10th 
amendment is undiminished because it was in 1760, when King George III 
took over for King George II and decided to put even more restraints on 
the young and upcoming colonies, even more laws and even more 
regulations, even more taxes and confiscation of their property, it was 
then only some 16 years later that the 13 colonies finally said we have 
had enough and we are not going to absorb any more of this abuse from 
any king, let alone King George III. So history now pretty well has set 
forth in the agenda the circumstances that took place and finally, of 
course, after the Declaration of Independence, then after the War of 
Independence and the creation of the Constitution.
  In fact, few people realize today that the Constitution did not 
include what we know as the Bill of Rights, the first 10 amendments to 
the Constitution. And it was only as a promise by the States and the 
Continental Congress that they would at a later time include the Bill 
of Rights or something to the effect of the Bill of Rights that many of 
the States then adopted. In fact, during the Continental Congress it 
was Patrick Henry that said that he refused and would refuse, and he 
eventually did, to sign the Constitution because he said, I smell a 
rat. But Lord only knows here was a gentleman that had an olfactory 
memory that could reach over 200 years out into the future and here we 
are today.
  But I would tell you that Patrick Henry did say that he would not 
sign the Constitution or agree to it unless it included a Bill of 
Rights, an enumeration of all the rights of man. And several folks, 
including one James Wilson, took that under advisement. And they came 
back several days later, and to the presiding officer at that time, 
George Washington, they said, Mr. President, we have found it unwise to 
enumerate all the rights of man for if in our effort to do so we should 
leave one out, it will have thought to be the property of government; 
so leave us instead, direct our labors to enumerating the powers and 
the authorities of government, and if it is not stated, the power and 
the authority does not belong then to the government.
  How wise that was and how wise and respectful we should be and would 
be today should we honor those kinds of thoughts, should we honor those 
kinds of limitations, because as we know, including the 10th amendment, 
each and every amendment of the first 10 amendments was, in fact, a 
limitation on government. And if you read it time and time again, it 
always says the Congress shall not, the government cannot, the 
government will not be allowed.
  So I commend to all those who are listening today to get the 
Constitution out, read those 28 words, and recognize that that is the 
true contract between this Federal Government in Washington, D.C. and 
the governments of the 50 States.

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