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The point is the Anti-Federalists said "No Bill of Rights, we won't observe the Constitution." Starting with New York I think this was made an explicit conting
by Throwawayaerlei 4y ago
The point is the Anti-Federalists said "No Bill of Rights, we won't observe the Constitution." Starting with New York I think this was made an explicit contingent condition of their ratification of the Constitution. Thus a compact, or covenant if you prefer.
Thus the Bill of Rights are special in a way no other Amendments are and cannot be abrogated without breaking the covenant that allowed the Constitution to become a thing in the first place.
- lovich 4y agoI don’t know that I’ve ever heard this legal argument. Is there some paper on it? I can see how they are culturally and temporaly special in that the people at the time would not have joined without them but as far as I know they have less legal weight than any following amendment as they can change the text of any portion of the Constitution including the 10 amendments of the bill of rights