If not. Congress can not exercise it. No one can contend that the question of excluding persons in each State who are not naturalized. when counting the whole number of persons 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 .*ay not be specifically delegated to it by the -Constitution Is given by Mr. Justice Story in the case of Prigg v.
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