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Today, it seems as though people are losing touch with importance of the founding of our great nation, the United States of America. I'd like to address our Founding Father's thoughts and ideas by taking a look at the first 10 amendments to our Constitution, and how they came to be.
While drafting the Constitution, the Founder's originally did NOT want to add a "Bill of Rights", in fact, the idea was rejected by a unanimous vote. It is commonly thought that the "Bill of Rights" was added to appease many of the divided states, who feared that the federal government wouldn't protect the rights of the people unless they were specifically spelled out. This, however, wasn't exactly the case. By the time the First Congress met, the necessity of a "Bill of Rights" had already been tempered.
The United States was founded on the principal of natural rights. These rights, which Tom Paine described as "imprescriptible", and which Thomas Jefferson declared as "unalienable", are not created by government but exist prior to any form of government. Legitimate governments in fact, are created only to "secure these rights". This is the foundation of classical liberal thought, and the antithesis of Karl Marx's utilitarian approach of the "the greatest good for the greatest number."
While drafting our Constitution, the Founder's were concerned with the idea of adding to it a "Bill of Rights". They were concerned that it could undermine the purpose of a constitutionally-limited government. The purpose of a written constitution was to affirm that authority resides in the people, and that it is the people who created a government - with limited, enumerated powers. Having created such a government, limited to only that which was enumerated, they felt that the Constitution itself was a "Bill of Rights".
In The Federalist #84, Alexander Hamilton writes:
"The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS."
The Founder's felt that it would be impossible to accurately define all the rights and privileges that individuals possess by nature, and which governments are obligated to secure. Hence, an enumerated "Bill of Rights" would imply that any rights not stated, would therefore not be protected by it, leaving things open for the federal government to infringe upon all other rights of its citizens not listed. Again, in The Federalist #84, Alexander Hamilton writes of this danger, explaining it clearly:
"I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done 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 by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in the national government."
It was important to our Founder's that people understood that our rights were natural. Rights do not come from law, agreement or government force. Rights belong to humans naturally. James Madison, however, felt the idea of a "Bill of Rights" would be useful in helping the citizens understand. In a letter to Thomas Jefferson, he wrote:
"My own opinion has always been in favor of a bill of rights; provided that it be so framed as not to imply powers not meant to be included in the enumeration ... I have favored it because I suppose it might be of use, and if properly executed could not be of disservice."
He was however, not without reservation:
1. because I conceive that in a certain degree ... the rights in question are reserved by the manner in which the federal powers are granted.
2. because there is great reason to fear that a positive declaration of some of the most essential rights could not be obtained in the requisite latitude ...
3. because the limited powers of the federal Government and the jealousy of the subordinate Governments, afford a security which has not existed in the case of the State Governments, and exists in no other.
4. because experience proves the inefficiency of a bill of rights on those occasions when its controul is most needed. Repeated violations of these parchment barriers have been committed by overbearing majorities in every State. In Virginia I have seen the bill of h rights violated in every instance where it has been opposed to a popular current. ... Wherever the real power in a government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the Constituents. This is a truth of great importance, but not yet sufficiently attended to.
James Madison thought if worded correctly, removing any pretext of government being the source of rights, "The political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free Government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion." In other words, they were to provide knowledge to the citizens of their natural rights, and support the public understanding liberty, which they must ultimately defend themselves.
Madison took charge of the writing of these rights. Not wanting the focus of the people to be drawn away from the Constitution, he proposed to include them in its text. Many of his colleagues in the First Congress resisted, so instead he was careful to never use the phrase "Bill of Rights".
Technically, what we call the "Bill of Rights" today, is in fact 10 separate amendments. Each is to be considered individually, not as a whole. The First Congress "in order to prevent misconstruction or abuse", whether it be by majority or government act, considered 12 proposed "declaratory and restrictive clauses". In 1791, 10 of these proposed amendments were ratified. If they had been considered as one bill, it would have required them to ratify all 12 - or nothing.
This was a crucial decision. What James Madison accomplished was to keep the Declaration of Independence as the philosophical statement of rights, thereby not having the amendments serve as a specific definition of the rights and privileges of the people. Also, these amendments could not be interpreted to increase the powers of the government beyond it's Constitutionally enumerated powers. The 9th and 10th amendments are specific in restricting the Constitution from allowing a government of unlimited powers.
The first 10 amendments, what we call our "Bill of Rights", are important beyond simple legalese. They provide the fundamental knowledge to all citizens of our natural rights, and therefore render to everyone all reason ... to defend our liberty, as individuals ... with all our might! As Patrick Henry famously declared, "Give me liberty, or give me death!"
So the next time you listen to a politician speak, whether it be Barack Obama, John McCain, or Joe Schmoe ... think upon the importance our Founder's placed on limiting federal government powers. Study our Declaration of Independence and "Bill of Rights". These documents are important to all mankind, all across the globe. But as Americans ... whether you achieved citizenship this afternoon, or your family has been here for generations ... this is your heritage ... your history ... your culture. Live it!
