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Indeed these rights were acknowledged before the constitution and Madison, along with some of the other framers, worried that a Bill Of Rights might create the
by noblethrasher 13y ago
Indeed these rights were acknowledged before the constitution and Madison, along with some of the other framers, worried that a Bill Of Rights might create the negative pregnant[1][2] that we see being born out today. The largely ignored 9th amendment was a compromise between not having a bill of rights or somehow exhaustively enumerating all of them.
It's ignorance of history that holds us back.
[1] http://www.library.okstate.edu/constitution/previous.html#adkison http://www.library.okstate.edu/constitution/previous.html#ad...
[2] http://en.wikipedia.org/wiki/Negative_pregnant http://en.wikipedia.org/wiki/Negative_pregnant
- ISL 13y agoThe ninth and tenth amendments have yet to see their full application. With 'strict constructionists' in the supreme court, it may occur sooner than later. The enumeration of rights was practical. Without a concise list of important ones to point at, I think we would have been worse off.