norml21 - Page 13
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are contended for, are not only unnecessary
in the proposed constitution, but would even
be dangerous° They would contain various
exceptions to powers not granted, and on this
very account, would afford a colourable
pretext to claim more than were granted_ For
why declare that things shall not be done,
which there is no power to do? Why, for
instance, should it be said, that the liberty
of the press shall not be restrained, when no
power is given by which restrictions may be
imposed? I will not contend that such a
provision would confer a reguia:ing power;
but it is evident that it would furnish, to
men disposed to usurp, a plausible pretence
for claiming that power° They might urge
with a semblance of reasonr that the
constitution ought not to be charged with the
absurdity of providing against the abuse of
an authority, which was not given and that
the provision against restraining the liberty
of the press afforded a clear ir_lication
that a right to prescribe proper regulations
concerning it, was intended to be vested in
the national government. This may serve as a
specimen of the numerous handles which would
be given to the doctrine of constructive
powers, by the indulgence of an injudicious
zeal for bills of rights°
James Madison, the primary draftsman of the Constitution and
its leading advocates had also expressed his personal opposition
to the numeration of a bill of rights_ Hcwever, he gave in at
the Virginia ratifying convention and promised to take
affirmative action in proposing the adoption of a bill of rights_
Upon ratification by the states of the Constitution in their
respective conventions_ several adopted certain resolutions to be
affixed to their ratification. These resolutions formed the
basis for Madison when he drafted the amendments for submission
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