norml21 - Page 13

 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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