norml21 - Page 12
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Pennsylvania Ratifying Convention in 1788, gave the strongest
expression of this thesis:
.°. in a government consisting of enumerated
powers_ such as is proposed for the United
States, a bill of rights would :not only be
unnecessary, but, in my humble judgement,
highly imprudent. In all societies_ there
are many powers and rights which cannot be
particularly enumerated. A bill of rights
annexed to a constitution is an enumeration
of the powers reserved. If we attempt an
enumeration, everything that is not
enumerated is presumed to be given. The
consequence is that an imperfec_ enumeration
would throw all implied power into the scale
of the government, and the rights of the
people would be rendered incomplete° On the
other hand, an imperfect enumeration of the
powers of government reserves all implied
power to the people; and by that means the
constitution becomes incomplete. But of the
twos it is much safer to run the risk on the
side of the constitution; for an omission in
the enumeration of the power of government is
neither so dangerous nor important as the
omission in the enumeration of the rights of
the people.
To every suggestion concerning a bill of
rights, the citizens of the United States may
always say, We reserve the right to do what
we please.
Debates_ 436-37 (2d edo 1836) o
Hamilton_ in the Federalist Noo 84, likewise voiced this
argument:
I go further_ and affirms that bill of
rights, in the sense and to the extent they
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