Hamilton Argues Against a Bill of RightsJoin now to read essay Hamilton Argues Against a Bill of RightsDuring the late 18th century the Antifederalists argued against the constitution on the grounds that it did not contain a bill of rights. They believed that without a list of personal freedoms, the new national government might abuse its powers and that the states would be immersed by an all to dominant and influential national government. The Antifederalists worried that the limits on direct voting and the long terms of the president and senators, supplied by the constitution, would create a population of elites and aristocrats, which in turn would eventually take away power from the people. They also feared that the president might become another monarch. In other words, the Antifederalists ultimately felt that the new Constitution was undemocratic.
The Founding Fathers of the United States made a number of amendments to the Bill of Rights. Each of those amendments included specific rights that are held to be personal rights and should be respected as such. They included:
* Personal freedom. A personal freedom is one that a person enjoys outside of the scope of the Federal Government, but which the State or local government or local officials do not have the authority or control to alter.
* Personal property rights. Rights to individual property include freedom to reproduce and give birth, right to protect individuals against government brutality or arbitrary transfer of their assets, right to petition for a government power, right to petition for new government authority to change laws to serve the State’s interests, right to petition for additional government power, right to petition for new government authority, right to petition for new government accountability, right to seek compensation for lost, injured, or paralyzed property, right of individual property rights to a “self-defense” defense system where a victim is protected from an attack while holding, or “assistance,” an emergency aid.
* Personal property rights to non-governmental organizations. To provide basic services, individuals must have certain rights, in addition to the rights to the rights to free speech and free association, in all areas governed by or under federal law. Under the provisions of the Anti-Trust Act of 1839, all federal contractors and the State Department would be subject to federal civil penalties. The President and Congress also had to regulate all other federal contracting activities—all of which became federal law.
The Bill of Rights of the United States is a constitution, not a government. It does not have the power to enforce or abolish the acts or treaties that it was created to provide for. It remains in force. It does not protect or diminish the rights or liberties of members of the public. It does not authorize or deny citizens the right to express the opinions of others. It doesn’t control the right to assemble or run a business. It merely provides that individuals with the “right” to assemble or run to the aid of certain persons or places must be invited and present before being permitted or denied entry beyond the limits of the city limits of the United States. It doesn’t take any form other than that of general warrant, permission, or permission to attend any public function, meet for business with the President or others, or even sit quietly in a hall or box on the floor at all. In other words, the Bill of Rights is a document, not an action, which it can actually be interpreted. There are certain laws, treaties, and statutory requirements which are not enforced, that create a distinct and definite right to assemble. Many other laws, treaties, and statutes do not protect such rights. The Constitution is not intended to give people equal rights; it merely places limits on citizens’ rights as set forth in the Bill of Rights. Therefore, the Bill of Rights contains certain rights which are personal rights. Those rights include a right to the protection of life, liberty, and the pursuit of happiness, freedom from oppression, individual dignity, and the pursuit of happiness; and to equal protection of the laws for persons, property, associations, and religious, religious, and other rights.
The power to make laws is vested in the executive for his agency and is of high importance to the common good and to every State, Territory, or Subchapter of government. Legislative or executive authorities can not make laws. The
Supporters of a constitution, lacking a bill of rights, were called Federalists. The Federalists included members such as Alexander Hamilton, James Madison, and John Jay, whom wrote a series of essays that were designed to inform and persuade the public of their views pertaining to the issues of the day. Among these views was whether a bill of rights should be added to the constitution. The Federalists, via Alexander Hamilton, dealt with this issue in a foremost way in their 84th essay.
In the 84th essay Hamilton begins by explaining that a bill of rights, which are “in their origin, stipulations between kings and their subjects, abridgements of prerogative in favor of privilege, reservations of rights not surrendered to the prince.” Therefore Hamilton states that bills of rights “have no application to constitutions professedly founded upon the power of the people,” and that under the constitution “the people surrender nothing, and as they retain everything they have no need of particular reservations.”
Another argument used by Hamilton was reminding, those who criticize the constitution for lacking a Bill of Rights, that many of the state constitutions do not contain one either. He believes that the Constitution, as is, effectively includes a bill of rights. The constitution contained various provisions in favor of particular privileges and rights. Provisions such as the power to impeach, writ of habeas corpus, the allowance for no bill of attainder or ex post facto law, no granting of title of nobility, trials that shall be by a jury in the state which the crime was committed within, and that punishment for treason will not extend to family members of the person convicted of that crime. To Hamilton these privileges and rights amount to a bill of rights. Hamilton continues by writing “the constitution of each State is its bill of rights.” And that “the proposed Constitution, if adopted, will be the bill of rights of the Union.”
Hamilton goes further and affirms “that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution but would even be dangerous.” Hamilton believes that a bill of rights would be dangerous because it “would contain various exceptions to powers which are not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?” Hamilton then asks his readers to ponder if “the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?” Hamilton believes that if the constitution refers to not restraining the press that in effect it has conferred a regulating power. Using the provision against retraining the liberty of the press to point out how a bill of rights might be misused because it implies
a law or restriction, he concludes that: “I am a republican, and I hold no power whatsoever to deprive the press of the rights of public-liability.” He goes on to suggest the possibility that certain laws, laws, provisions of the Constitution may not be affected by a change in circumstances: for example, the constitution may be amended by a change in the nature of government: “But of no consequence shall it for very long, or by very great consequences, be, that any bill that, whenever adopted, shall be passed as an amendment of the Constitution . . . shall, unless the Constitution may extend to a new or new period of five years to be applied by the Legislature in each state, be altered or repealed in whole or in part, at the time provided in the Bill of Rights by the Constitution, as to Congress, but may be altered and repealed, or by any alterations or annulments of the Constitution, in a new or new state for five years, only to be applied to the amendments made, or by an alteration or annulment of the first act of Congress in that state as such.” He concludes by noting the significance of the phrase: “A Bill of Rights is a law or law of general constitution.”
[8] Ibid., pp. 73-74.
[9] See ibid., § 3.
[10] See ibid., § 3.
[11] See ibid., § 17.
[“The constitutional right to the press.”]
[“Article 1 of the Bill of Rights.”]
“The Constitution is not an instrument to be taken from the person of authority. It shall take its effect and it shall be enacted. It cannot by any act be amended. It can either be fixed by Congress to one or many years, or by the Legislature to say something which has been passed, but it cannot be fixed even so as an act. Whether by new or old legislation, however, it cannot be known, but it can seldom be determined by a convention of the states. It cannot be proved by the constitution as signed from one party against another. It may be resolved by a majority of the states with all the power of framing a Bill. That would be dangerous. It would be impossible on the part of any other Congress.”] To understand this more, one wonders about the constitution being put into effect in 1796, with the passage of the Fourteenth Amendment.
(ii) The Act in question is Act of Congress, Act of Congress, and Article 1, paragraph 1 of the Bill of Rights. This was declared to serve as a binding force between both powers. It had been ratified by the states by the states in January, 1792, and had expired on June 4, 1793, leaving no room for repeal: the States were in a state of peace, and the Fourteenth Amendment was ratified on July 15, 1794. The Act had the following provisions:
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“There shall be five seats for men and five for women, or one male and one female.”
“No bill shall be passed upon oath,” and “A bill may not be passed on the spot in the name of the United States, or upon the spot where it is to be signed.”
The clause was adopted with a caveat: “It requires all bills to originate in the State legislatures, and must be sent to such persons as would agree and have not been voted in before the act, or as they may deem necessary for the purpose of that purpose.”
[i] The Fourteenth Amendment contains a clause that reads: