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Yes, the framers did debate whether to include the Bill of Rights, but my understanding is that their fear was that by enumerating some rights it would delegiti
by vec 10y ago
Yes, the framers did debate whether to include the Bill of Rights, but my understanding is that their fear was that by enumerating some rights it would delegitimize those that were not enumerated. That's why we have a (mostly ignored) tenth amendment.
Plus the Bill of Rights aren't quite Natural rights as I understand them. Half the Bill of Rights (plus the 13th and 14th amendments) are about setting up a Legal Right to a somewhat complex and specific trial by jury system. But you don't actually have a Natural Right to participation in that exact system. You do have a Natural Right to just and fair treatment from your government, even when accused of a crime, and a jury trial is a very good way (though not necessarily the only good way, nor the absolute best way) to formalize that right.
On the other hand, I believe I have a Natural Right to bodily autonomy. If I want to surgically change my gender, or have sex with another consenting adult, or ingest a mind-altering substance with full knowledge of the side effects, then that's my right and the Government should have an extremely high bar to clear in order to prevent me from doing so. However, the fact that these rights are not enumerated in the Constitution has historically been a huge barrier to having them respected, which indicates to me that the framers fears were well founded.