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and the founders were the states that chose to join it.
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And they will argue that states voted.
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In the Continental Congress states voted
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on the Articles of Confederation,
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states voted to approve the U.S. Constitution or not.
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States voted to ratify the Constitution and so on.
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Then they will go to the Reserve Clause of the Constitution--
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all powers not given to the Federal Government
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in the Constitution, in Congress,
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are, quote, "Reserved for the states."
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That beautiful, wonderful, tortured and ambiguous,
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but, in some ways brilliant, provision of the Constitution.