This excerpt tells the forgotten story of the American Rule of Law.
Bills of rights ... are not only unnecessary ... but would even be dangerous.
Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?
It is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. (E.g., C2G - Clinton, Clinton and Gore.)
This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights.
This was a major concern of the anit-federalist during the debate for ratification of the new constitution to replace the Articles of Confederation.
James Madison acknowledged this concern and penned the Amendment IX:
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
We, as U.S. citizens, have "others (rights) retained by the people, which are too numerous and encompassing to ever list in it's entirerty, but a few examples might be enlightening.
Remember, Hamilton and Madison based all of their beliefs on the presumption of liberty.
to smoke a cigarette on private property if the owner allows it, in spite of any regulation to the contrary.
to smoke a cigerette on public property, period.
to not wear a seat belt.
to drink the beverage of your choice while you drive an automobile.
to carry a gun on public property, airport, school, city hall, court house, police station, park, fire station, etc.
to travel by aircraft without being searched by government employees without warrant.
to park at an aiport without being singled out driving a SUV and having a "security" individual look into your vehicle.
to operate and use a cell phone while driving an automobile.
to choose to rent, sell, or serve or not to rent, sell, or serve any person for any reason.
to love and/or hate any person for any reason.
to raise and educate your children as you see fit. Truancy laws are blantantly unconstitutional.
The list goes on.