Friday, July 16, 2004

David, continuing on your previous post
about the Ninth Amendment, one of the things that irritates me about many conservatives is that they often take an extreme textual view of the Constitution when it comes to our rights.  Take, for example, Taranto's comment, "One wonders which of the first 10 amendments Kerry thinks guarantees the right of gay couples to marry."  Well, the Constitution says nothing about my right to sit in the comfort of my home eating butterscotch pudding, but would anyone argue that the government has the right to ban that because it's not in the Bill of Rights?
 
This was actually one of the principle fears of some of the Founders.  The introduction of the BoR was a compromise issue to ensure passage and support of the the new Constitution.  Supporters of the BoR demaned inclusion, fearing that the new, powerful central government would soon trample over everyone.  Opponents of the BoR argued that its inclusion would cause problems in the future, as people reading the text would think that rights not listed in the BoR were no longer guaranteed to a free people.
 
Seems the opponents of the BoR were pretty far sighted people.

1 Comments:

Blogger David said...

Then there's only one thing we can do: repeal the Bill of Rights!

10:43 AM  

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