"Constitutional Observations"©

My effort to inform interested Americans...

October’s 2002 Issue: Our Bill of Rights, the First 10 Amendments: how they came about...

Question # 1: Why were the Bill of Rights left out of the basic Constitution?

Answer. Alexander Hamilton gave 3 reasons in his Federalist Paper # 84. His 3 reasons: 1. The Founding Fathers (FF’s) felt the Constitution was already a "Declaration of rights," with nearly 300 rights pinpointed in the Constitution itself; 2. Under the Constitution’s limited form of government, with only 20 enumerated powers granted to the federal government, there was absolutely no authority included in the Constitution to regulate or invade a citizen’s freedoms of religion, press, assemble, petition, register or confiscate firearms, invade one’s privacy, quarter troops, deprive a citizen of their common-law rights, impose cruel and unusual punishment, or deprive citizens of any powers not specifically delegated to the government; 3. The FF’s felt that by making a list of individual rights any left out might be presumed to be forfeited.

Question # 2: Why then were the Bill of Rights included?

Answer. Because the people feared the power of an uncontrolled big government [with good reason]. Memories of Great Britain’s King George were still fresh in their minds. When the FF’s learned their new Constitution would not be ratified by the larger states [George Mason of Virginia declared "he would rather have his right hand chopped off than sign a Constitution with out a Bill of Rights"] George Washington and others invited the states to accept the Constitution and make suggestions for additional improvements, including a Bill of Rights. This action cleared the way for the Constitution’s ratification.

Question # 3: Why were there only 10 Amendments ratified?

Answer. When the FF’s asked for suggestions 189 were submitted by the 13 states. These 189 were reduced down to 17 by James Madison [many duplications], which were sent to the Congress, who reduced the 17 to 12. These 12 were sent to the states for ratification on September 25, 1787, only 8 days after the FF’s signed the Constitution. By December 15, 1791 10 of the 12 Amendments had been ratified by nine states, thus our 10 Bill of Rights. Our Constitution was now complete. The people were so firm in their demands for a set of Bill of Rights that the Congress included a ‘Preamble’ to the Bill of Rights. This seldom mentioned preamble reiterates the fears the people had, as well as declaring its purpose. It reads, "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 insure the beneficent ends of it institutions, be it resolved," How truly wise these people were. Their fears proved to be worthy fears, as the intent of the FF’s continues to be eroded as we see many groups today continuing their attempts to erode our Bill of Rights’ freedoms.

Question # 4: Do the Bill of Rights have an unique uniqueness, and if so, what are they?

Answer. They do! There are two. The 1^st: The Bill of Rights are not a declaration of rights, they are a declaration of prohibitions against the federal government! Note how Amendment # 1 opens. It states clearly, with words that can not be misread, "Congress shall make NO law..." The 2^nd unique feature of the Bill of Rights is: The FF’s did not want to have the federal government serve as the watchdog over the states’ responsibility to protect the rights of the people. If the states failed to function in protecting the rights of the people of some of the citizens, the FF’s wanted the pressure to build up, thus forcing correction within the confines of the state without any interference from the federal government. [A number of states failed this test with serious situations developing that got our of control, thus allowing the federal government to step in and take needed action. These failures allowed the federal government to step in and usurp state rights.] The more one understands how our Constitution came about, including our Bill of Rights, the more one wonders at the FF’s source of wisdom. One historian said it was the "Diamond Dust of Heaven," and "wise men raised up for this very purpose."

Question # 5: What are the things all mankind seeks after?

Answer. In his book "The Making of America," W. Cleon Skousen suggests three. His wrote, "As we travel around the world...we can vividly see that all mankind is seeking after the same three things. First of all, mankind longs for freedom - both personally and nationally. Second, mankind longs for prosperity, both personally and nationally. Third, mankind longs for peace and the means of escaping from the apocalyptic anguish brought on by the plague of war." A Fourth would be the amenities that come with a stable government: police protection, libraries, roads, schools, water and sewage, etc.

Meaningful Quotes: # 1: From the Northwest Ordinance passed by Congress in 1787: "Article 3: Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." Perhaps America needs to reread, and reactivate that law. # 2: From Benjamin Franklin, who belonged to no church, speaking about religion, said: "Here in my creed. I believe in one God, the Creator of the universe. That he governs it by his Providence. That he ought to be worshipped. That the most acceptable service we render to him is in doing good to his other children. That the soul of man is immortal, and will be treated with justice in another life respecting its conduct in this. These I take to be the fundamental points in all sound religion." Would Franklin be listened to today? Probably not!