If not. Congress can not exercise it. No one can contend that the question of excluding persons in each State who are not naturalized. whencounting the whole number of persoils to ascertain the population for apportionment. is not properly an incident to the express power granted Congress by the Constitution . or but what it is necessary in making a fair and equitable apportionment of Representatives among the several States. . One of the best definitions of the powers of Congress which may not be specifically delegated to it by the Constitution is given by Justice Story in the case of Prigg v. Commonwealth of Pennsylvania (41 U.
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