The Bill of Rights and Constitutional Interpretation
Part I dealt with guns and the Second Amendment. Part II dealt mainly with the First Amendment. This Part III looks at the origins and purposes of the Bill of Rights and questions the direction in which our nation is headed.
The Bill of Rights in general
When the Constitution was being considered there was opposition to inclusion of any Bill of Rights and the Bill of Rights as we now know it — the First through Tenth Amendments — was added not long after the Constitution had been adopted.
The Founders’ indifference toward a bill of rights in the national Constitution was premised on the idea that it would not be practically useful. The experience of the states in the 1780s demonstrated that bills of rights, though suitable for theoretical treatises, imposed no effective restraints on those who would be responsible for protecting rights in practice. As…
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