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Mr. Wolf asked in Politics & GovernmentPolitics · 1 decade ago

Did the man that said the "Bills of Rights is not only unnecessary but could even be dangerous" think the?

U.S. Constitution is not a clear document?

"I go further, and affirm that bills of rights, in the sense and to the extent in which they 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 colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?" Alexander Hamilton, Federalist No. 84, 1788

Update:

Whoever gave Foghorn a thumbs down is an idiot.

5 Answers

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  • 1 decade ago
    Favorite Answer

    Many Framers didn't support what was in the Constitution. There was widespread opposition to the system of government the document established.

    The idea that all of the Framers supported exactly what was created is absurd; many big names from that era strongly support a strong central government.

  • Eileen
    Lv 4
    5 years ago

    Hamilton, as did many others of his time, falsely assumed the Constitution as written would prevent the government from assuming powers unassigned or taking assigned powers and extending them beyond intentions. The wording of the Constitution met with mixed feelings in the states and the votes to ratify were not unanimous as many believed the wording would not prevent the government from becoming what it has become. Several states ratified based on the promise of the forthcoming "Bill of Rights", sight unseen, and two others refused to ratify until the "Bill of Rights" could be read. Obviously Hamilton never accepted the possibility of a "federal government" misapplying the "necessary and proper" clause or the "commerce clause", both of which are contained in the text of the Constitution, and using them to assume powers unassigned or extending powers beyond intention. I certainly don't believe it is wrong to say today's liberals do believe the government has the power to act because it believes the act is necessary and therefore proper for the government to act. Nor is it wrong to say today's liberals believe the power to regulate "commerce among the several states" also gives the government the power to regulate commerce within a state, right on down to an individual within a state. The Constitution is an "imperfect" Charter but contains a mechanism to make it "more perfect". The "amendment process" was provided in order to keep unintended powers out of the Federal government but sadly has been used more often to give the government powers not originally granted or extend granted powers, like the power to tax an individuals income. That's a power extended in the "Progressive Era", an era of much damage to the Constitution and the Republic. If an unintended power can be given by amendment, an unintended power can also be taken away by amendment. Indeed, as promised in the Declaration of Independence, the amendment process can be used to alter the federal government in any way or to abolish it completely and allow for a peaceful transition to a government recognizable in a "clarified" Constitution. History pinpoints the needed "clarifications". The Tenth Amendment in the Bill of Rights was an attempted "clarification" on the Preamble of the Constitution as the opening of it was a concern to many in State Conventions and the concern has been proven valid. "I have the highest veneration of those Gentleman, -- but, Sir, give me leave to demand, what right had they to say, We, the People? My political curiosity, exclusive of my anxious solicitude for the public welfare, leads me to ask who authorized them to speak the language of, We, the People, instead of We, the States? States are the characteristics, and the soul of the confederation. If the States be not the agents of this compact, it must be one of great consolidated National Government of the people of all the States." – Patrick Henry, 1788 Virginia debates, stated June 4, 1788 “It is the interest of every man who is a friend to liberty, to oppose the assumption of power as soon as possible. I see no reason why they assumed this power (to speak for the people). Matters may be carried still farther. This is a consolidation of all the states. Had it said, We, the States, there would have been a federal intention in it. But, Sir, it is clear that a consolidation is intended." – Joseph Taylor, North Carolina debates, stated July 24, 1788

  • emp
    Lv 6
    1 decade ago

    Hamilton was an idealist. He believed that since the Constitution did not specifically give the government the right to take away those citizen rights spelled out in the Bill of Rights, that the government would not attempt to do so.

    That is what he is saying in 18th C English.

    How wrong he was...even when they spelled them out....we have the government trying to take them away.

  • L.T.M.
    Lv 7
    1 decade ago

    Looking at our govt today, it's obvious..making clear the limits of federal power was a great idea.

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  • 1 decade ago

    As discussed here yesterday, Hamilton had a lot of bad ideas.

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