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Saving of power of State Parliaments.

107. Every power of the Parliament of a Colony447 which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.

UNITED STATES —The powers not granted to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.—Amendment X. SWITZERLAND.—The Cantons are sovereign, so far as their sovereignty is not limited by the Federal Constitution; and, as such, they exercise all the rights which are not delegated to the Federal Government.—Art. 3.

HISTORICAL NOTE.—Clause 1, Chap. V. of the Commonwealth Bill of 1891, was as follows:—

“All powers which at the date of the establishment of the Commonwealth are vested in the Parliaments of the several Colonies, and which are not by this Constitution exclusively vested in the Parliament of the Commonwealth, or withdrawn from the Parliaments of the several States, are reserved to, and shall remain vested in, the Parliaments of the States respectively.” (Conv. Deb., Syd. [1891], pp. 849–50.)

At the Adelaide session, 1897, the clause was passed almost verbatim. At the Melbourne session, before the first report, it was re-drafted as follows:—

“All powers of the Parliament of a colony or province which at the establishment of the Commonwealth or afterwards becomes a State, except such powers as are by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, shall continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.”

After the fourth report the clause was altered to its present form.

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