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To: Loud Mime
Reading a book on Madison and the fight for the bill of rights.

Some said that the Constitution needed no bill of rights because of the strictly limited and enumerated power of the Federal Government. Hamilton, for example, said that there was no need for there to be a 1st Amendment guaranteeing freedom of speech and of the press because the Federal government had no power to restrict speech or the press.

A few years later the Alien and Sedition Act did exactly that.

It was struck down on the grounds that it violated the 1st Amendment.

How much different things might be if it were struck down on the premise that the Federal government didn't have the power to do it.

18 posted on 05/01/2013 9:57:37 AM PDT by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
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To: allmendream

One of Hamilton’s claims from Federalist 84 hit the nail on the head when he wrote that the Bill of Rights would lead to people claiming more rights than were enumerated.

We see a LOT of that now. Hamilton was correct.

Perhaps each item in the first ten amendments should have been preceded by RIGHT or LIMITATION OF GOVERNMENT.


20 posted on 05/01/2013 10:08:33 AM PDT by Loud Mime (Liberal: A person who charges their grandchildren for today's party)
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To: allmendream

I must know, what is the title?


24 posted on 05/01/2013 10:22:08 AM PDT by Jacquerie (How few were left who had seen the republic! - Tacitus, The Annals)
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