Both James Madison and Alexander Hamilton expressed grave reservations about Thomas Jefferson's, George Mason's and others insistence that the Constitution be amended by the Bill of Rights. It wasn't because they had little concern with liberty guarantees. Quite to the contrary they were concerned about the loss of liberties.
Alexander Hamilton expressed his concerns in Federalist Paper No. 84, "[B]ills of rights . . . are not only unnecessary in the proposed Constitution, but would even be dangerous." Hamilton asks, "For why declare that things shall not be done [by Congress] which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given [to Congress] by which restrictions may be imposed?" Hamilton's argument was that Congress can only do what the Constitution specifically gives it authority to do. Powers not granted belong to the people and the states.
Alexander Hamilton added that a Bill of Rights would "contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more [powers] than were granted. . . . [it] would furnish, to men disposed to usurp, a plausible pretense for claiming that power."
To mollify Alexander Hamilton's fears about how a Bill of Rights might be used as a pretext to infringe on human rights, the Framers added the Ninth Amendment. The Ninth Amendment reads: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." Boiled down to its basics, the Ninth Amendment says it's impossible to list all of our God-given or natural rights. Just because a right is not listed doesn't mean it can be infringed upon or disparaged by the U.S. Congress. - Walter E. Williams, Jun 2000
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