Wednesday, December 15, 2004

Has the Bill of Rights Stripped Us of Our Freedoms?

This has to be one of the most interesting articles I have ever read, but I am a jurisprudence nerd.

The writer's central thesis is that the we had, or at least were considered to have, more rights at the founding of our country. By enumerating rights in the Bill of Rights, all other rights not mentioned, despite the 9th and 10th amendments, are in jeopardy.

James Wilson, delegate from Pennsylvania:
In a government consisting of enumerated powers, such as is proposed for the United States, a bill of rights would not only be unnecessary, but, in my humble judgment, highly imprudent. In all societies, there are many powers and rights, which cannot be particularly enumerated. A bill of rights annexed to a constitution, is an enumeration of the powers reserved. If we attempt an enumeration, every thing that is not enumerated, is presumed to be given. The consequence is, that an imperfect enumeration would throw all implied power into the scale of the government; and the rights of the people would be rendered incomplete.

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