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To: mrsmith
I do not believe that any of the Founders, or even important participants, were eager to restrict their states by the BOR...

That being said, there were many founders eager to restrict their states with something besides the Articles of Confederation, as you probably know.

Notes on the Confederacy -James Madison
2. Encroachments by the States on the federal authority.
4. Trespasses of the States on the rights of each other.

288 posted on 07/17/2004 9:37:22 AM PDT by H.Akston (A voluntary Union is a more perfect union)
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To: H.Akston
It was somewhat surprising to me that there was such agreement that matters between the states, or between the citizens of one state with another state, should have been so universally accepted as needing a superior arbiter in the federal government. There was little discussion of this in the constitutional debates.
People didn't have anywhere near the trust in other states that they had in their own! Apparently states had abused their judiciary and laws to the benefit of themselves and their citizens many times.
No amendment of the Constitution resulted from any such concerns.

On matters of foreign affairs there was some dissatisfaction with the power of the Senate to make treaties. Some limits were proposed (like requiring more than a majority of a quorum). After the Jay treaty there was an amendment proposed to give the House of Representatives some say in treaties.
But again, no amendment of the Constitution resulted from these concerns either.

But concerns over the domestic powers that the federal government might be construed to have did result in amendment of the Constitution. Ten times.

Concerns that the feds should have more power over the people and the states had no discussion, and resulted in no amendments (notably there was Madison's summarily rejected proposed amendment to require the states to respect rights of conscience. That was an interesting anomaly as he certainly knew it would be rejected by the congress.
Was it Madison's bitter poke in the eye to the anti-federalists who had somewhat hypocritically claimed the mantle of protectors of personal liberities in their calls for a Bill of Rights or a harbinger of an attitude that would grow and flower years later after the feds had shown themselves as reputable as the states? Probably both.)

298 posted on 07/18/2004 10:36:00 AM PDT by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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