Thomas Jefferson, who did not attend the Constitutional Convention, in a December 1787 letter to Madison called the omission of a Bill of Rights a major mistake: “A bill of rights is what the people are entitled to against every government on earth.” Some members of Congress argued that a listing of rights of the people was a silly exercise, in that all the listed rights inherently belonged to citizens, and nothing in the Constitution gave the Congress the power to take them away. It was even suggested that the Bill of Rights might reduce liberty by giving force to the argument that all rights not specifically listed could be infringed upon. In part to counter this concern, the Ninth Amendment was included providing that “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage other rights retained by the people.”
“Is there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks — no form of government can render us secure. To suppose liberty or happiness without any virtue in the people, is a chimerical idea. If there be sufficient virtue and intelligence in the community, it will be exercised in the selection of these men. So that we do not depend on their virtue, or put confidence in our rulers, but in the people who are to choose them.”
“It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what is will be tomorrow.” – James Madison
THE FIRST 10 AMENDMENTS TO THE CONSTITUTION AS RATIFIED BY THE STATES (“The Bill of Rights”)**
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities (and the smallest minority on earth is the individual).
Madison’s sentiments are eerily prescient. Thanks for posting this, Terry. The Bill of Rights can’t be read enough.
“The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage other rights retained by the people.”
Hmmm…sounds like gay marriage?
Nice post, Terry. But that little bit, a majority has no right to vote away the rights of a minority… I wish that were true.
Marriage is a privilege. Where does marriage appear in the constitution or the bill of rights? What’s next? A civil right to drive on the left hand side of the road if you choose? Can you believe these dolts, bringing up the same sorry Cultural Gestapo crap every time?
Art has become a government loving leftist sycophant when it comes to marriage (and he also equates gay marriage with just anal intercourse, and I don’t know why, something there…), not even realizing that when he uses the reference of Freddie Mercury who died with a ring on his finger proves my point you don’t need government telling you what is and isn’t ok. ruh roh!
And Vern, you’d do better to remember when someone like me says “Gee, I really don’t want to join your collective.” and you get ready to respond “Well! It won’t work if everyone doesn’t belong!” when you get concerned about “minority rights”.
Example of HEAVY BREATHER: Verns blather about the A-CORNHOLES. LOL!