“Was A Bill of Rights Necessary?”
By Walter Williams ~ June 30, 2000
Alexander Hamilton, Federalist, No. 84
“Do Our Rights Come from God, the Constitution, the Supreme Court, or Congress?” ~ Publius Huldah ~ October 31, 2010
There was controversy over this! Alexander Hamilton warned in Federalist No. 84 (9th para) that a bill of rights would give a pretext for regulating to those inclined to usurp powers. And he was right! The supreme Court has used the first amendment to regulate political speech and to ban Christian speech in the public square: no prayers at football games, no nativity scenes on county courthouse lawns, and Judge Roy Moore is ordered to take down the Ten Commandments.
But some States refused to ratify the Constitution without them.
So, the proper way to look at the first Ten Amendments is this: They are not the source of our Rights since our Rights come from God, and thus TRANSCEND the Constitution. The first Ten Amendments is merely a partial list of things the federal government may not do (they can’t take away our guns), and some things they must do (give accused persons a fair trial).
“Ask Questions!” Excerpt ~ Question 11
Question 11. JustTheFacts ~ June 5, 2012
Thank you for making your site free and available to anyone interested! It is truly an amazing resource.
My question is this: Is the preamble to the ‘bill of rights’ just as important as the preamble to the Constitution for clarification and establishing intent of the document?
…THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution….
In my opinion the 9th and tenth amendments are clear on their own, but I also think the preamble really sets the tone for and confirms the idea that this document is not the source of ‘our rights’.
I apologize if you’ve already covered this on your terrific site.
Comment by JustTheFacts | June 5, 2012 | Reply
Answer 11. PubliusHuldah ~ June 6, 2012
You are most welcome, JustTheFacts, and thank you!
There was controversy over whether to add a bill of rights. Alexander Hamilton warned against it – see Federalist No. 84 (9th para)
Hamilton said that bills of rights are dangerous because they provide a pretext to regulate for those included to usurp. He was right. The federal government has used the 1st Amendment as justification to silence Christians in the public square, promote islam, restrict political speech, and to divest the States of their retained & reserved powers over the objects listed in the amendment.
Hamilton warned us of this!
James Madison, who introduced the bill of rights into the House, was not a strong supporter. But he wanted the Constitution ratified, and b/c some States refused to ratify it unless a Bill of Rights were added, he went along with it.
Progressives use the 2nd Amendment to support gun control – they say the “militia” means the organized National Guard – not the People. Of course, that is a lie, but many believe it.
The supreme Court has used other Amendments in the Bill of Rights to control the States.
Perhaps worst of all, the existence of the Bill of Rights has conditioned our People to believe that their rights come from the Constitution instead of from the Creator God.
So, the Bill of Rights has been a complete disaster for us. It has been perverted to bring about the exact opposite of what was intended.
So, as to your specific question: Does the Preamble help? I don’t think so. The genuine meanings of the amendments are clear on their faces: The 1st lists some of the things Congress can’t make laws about. But the federal government has perverted it and turned it into a grant of authority for them to regulate on a State & federal level, all the objects listed therein.
I see what you are saying in your last para. But the supreme Court has ignored it – the progressives ignore it – and The People don’t have a clue.
Dear, I have never addressed the Preamble to the Bill of Rights. No need to apologize, even if I had.
And I like your name. Wish more people would apply that Principle!
Comment by Publius/Huldah | June 6, 2012 | Reply
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“Pamphlets on the Constitution of the United States,”
Published During Its Discussion By The People ~ 1787-1788.
Edited With Notes And A Bibliography by Paul Leicester Ford.
Brooklyn, N.Y. 1888.
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“Essays on the Constitution Of The United States,”
Published During Its Discussion By The People ~ 1787- 1788.
Edited by Paul Leicester Ford.
Brooklyn, N.Y. : Historical Printing Club, 1892.
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