[Marxism] NYTimes condemns Patriot Act revisions
hooverm at scc-fl.edu
Mon Oct 31 13:15:22 MST 2005
>>> Brian_Shannon at verizon.net 10/31/05 12:10 PM >>>
Despite the perceived political conservatism of those who fought for
our Constitution to replace the Articles of Confederacy, they were
aware of their own roots and the rights they fought for.
Nominally, essay #84 is an argument against the Bill of Rights.
Hamilton claims that they are unnecessary*for woven into the
Constitution itself are several explicit rights that are overlooked by
its critics and in fact are superior to those being suggested. He also
argues that the proposed Bill of Rights may be deficient for
enumerating rights that we already have under the British Constitution,
i.e., the common law of England. The danger, he points out, is that
specific enumeration may be perceived as limiting the rights that we
have already. In other words, we have considerably more rights than can
be specifically listed and there should be no suggestion that these
enumerated rights are all that we have..
the *framers* (which began as a group of 55 delegates to 1787 philly
convention and ended as group of 39 left when convention adjourned)
overwhelmingly rejected bill of rights, most of these guys continued to
oppose such during ratification process...
convention lasted 4 months, bill of rights was not raised until several days
before adjournment, while madison (who went from being opponent to
congressional member who introduced bill of rights) initially claimed that
fatigue was reason that *no* state delegation agreed to george mason's
(author of virginia bill of rights) proposal to form a committee for purpose
of drawing one up...
hamilton's rationale noted above became more common position, although
hamilton further suggested that constitution delegated/granted no power to
federal government to regulate speech, press, religion, therefore, why -
hamilton asked in #84 - declare that things shall not be done for which there
is no power to dol...
given hamilton's view that 1787 constitution did not go far enough in centralizing
government power, he is being but more than disingenuous in arguing that bill of
rights might actually increase federal government power... michael hoover
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