Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Loud Mime
the ethics that should serve as our guide.

A fool's bet if there ever was won. It's like Madison's arguments against a bill of rights. The people would never misconstrue the extent of federal power! They would never use "general welfare", "necessary and proper", or "supreme law of the land" in ways beyond what they intended! Who would do such a thing. That was Madison's argument. And much as I love and admire the man, I have to say it's amazing that someone so brilliant could be so naiive.

41 posted on 03/29/2009 9:43:28 AM PDT by Huck ("He that lives on hope will die fasting"- Ben Franklin, Poor Richard's Almanac)
[ Post Reply | Private Reply | To 36 | View Replies ]


To: Huck
Madison was like another politician, who said he was against the bill of rights before he was for it.

I believe the anti-BOR argument is best presented in Federalist 84, by Alexander Hamilton.

After all of this, we now see that the BOR is subject to the ruler's interpretation. And we have seen that Hamilton's warning that it would bring claims of "rights not granted" most accurate.

One of Madison's more notable speeches is next:

“If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their Own hands; they may a point teachers in every state, county, and parish, and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision for the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit of the application of money, and might be called, if Congress pleased, provisions for the general welfare.”

James Madison in the House of Representatives,
February 3, 1792; on the Cod Fishery Bill and granting bounties

Even though the founders understood human nature and dirty politics, they, like everybody else, had more to learn. I believed that they wanted a simple constitution because the anti-federalists were very suspicious of anything that was too big. That is probably why the BOR was an add-on; it showed that the Constitution had some flexibility.

The first session of congress is referred to some historians as a continuation of the Constitutional Convention. I am now reading a book that has some good information on that session; it's quite interesting.

42 posted on 03/29/2009 11:39:22 AM PDT by Loud Mime (Things were better when cigarette companies could advertise and Lawyers could not.)
[ Post Reply | Private Reply | To 41 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson