The Word was “NO”!

Probably few readers are aware of the contention that existed at the time that the Constitution was proposed to the colonies (states) for their consideration.  Several, including North Carolina and Rhode Island were withholding ratification, and a Bill of Rights was seen as a way to reconcile the objections of these last two states.  New York and Virginia had already endorsed a call for a second constitutional convention for the express purpose of drafting a bill of rights.

Madison, the primary author of the Constitution, had promised that if the Constitution were adopted, a Bill of Rights would be presented.  Such a collection would address the fears and concerns of many that the original document did not go far enough in specifically stating and thereby protecting what many considered their “God given” rights (the Declaration of Independence was still in full view at the time).

The saying so common in their day that “a man’s word was his bond” proved the integrity and character of the Founding Fathers.  Madison was not alone in his determination to incorporate the Amendments of the Bill of Rights for others took a similar posture believing that they must follow through on their promise.

As an aside, Alexander Hamilton presented his plan on January 9, 1790 to have the new Constitutionally created United States accept the indebtedness which the former states had incurred as a result of the Revolution.  When implemented, this act alone went a long way to establishing the credibility and honor of the fledgling nation among the powers of Europe.
It is interesting to read the first ten amendments to the Constitution, familiarly known as the Bill of Rights.  In doing so, the reader must be struck by the number of “No’s” or variations involved in nine of the 10 articles. 

So, let’s quickly review them:
Amend #1 – Congress shall make no law respecting .. religion  . . . freedom of speech … of the press . . . or the right to assemble peacefully or petition government . . . etc.
Amend #2 – “ . . . the right . . . to keep and bear arms shall not be infringed.”
Amend #3 – “No Soldier shall . . be quartered in any house . . . etc.”
Amend #4 – “The right of the people to be secure in their persons, houses, papers, etc. . . shall not be violated . . . etc.”
Amend #5 – “No person shall be held to answer for a capital . . crime unless etc. . . “
Amend #6 – Does not contain the word but guarantees a speedy and public trial!
Amend #7 – “ . . . and no fact tried by a jury, shall be otherwise re-examined, etc. . . .”
Amend #8 – “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”
Amend #9 – “The enumeration . . . shall not be construed to deny etc. . . . “
Amend #10 – “The powers not delegated to the United States by the Constitution, nor prohibited by it etc. “

More negatives than anything else should impress the reader with the strength of feelings held by the Founding Fathers and their desire to create a federal government strictly limited by the just ratified Constitution.  This left the larger area under the control and responsibility of the individual states.  Despite the distortion of the structure inflicted by the Civil War, the concept of federalism still pertains to the relationship of the states vis-à-vis the federal government and vice versa.     

That’s my view.  What’s yours?  Reach me at constitutionviews@gmail.com.
©Copyright 2012 Hillard W. Welch