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I know it was almost 50 years ago... damookster Send a noteboard - 23/03/2017 07:35:23 PM

but my high school AP American History professor was passionate on this subject so I remember his lectures well. He was a libertarian who railed against the belief of the anti-Federalists that a Bill of Rights was necessary to prevent a strong central government by stipulating exactly what the government couldn't do. His argument was once you amend the Constitution to state specifically that the Feds can't do this, you have opened the door to endless legal challenges to define what exactly "this" means.

To illustrate from the Talmud, the Commandments state, remember the Sabbath and keep it holy. On six days you may work but the seventh is to be a day of rest.

Long before the time of Christ, the rabbis had debated the question of what is work to this extent:

Swatting a fly on the Sabbath was okay, but if you missed and chased it, that was hunting and therefore work.

Now a Constitutional example - the Second Amendment.

The Constitution said nothing in the enumerated powers about owning firearms. Therefore the Federal government couldn't legislate for or against. That means the states could, if they so desired.

However, once the Second Amendment was written and then ratified, it not only meant the Feds couldn't abrogate the right to bear arms. The Constitution specifically states that it is the supreme law of the land. So now the states couldn't either, as cases taken to the Supreme Court have validated.

The founding fathers wanted a weak central government. Jefferson argued a Bill of Rights was necessary to ensure that. In my opinion, history has proved him wrong.

Mook

*MySmiley*



"Bustin' makes me feel good!"

Ghostbusters, by Ray Parker Jr.
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London yesterday, Antwerp today (thwarted by authorities)... - 23/03/2017 05:09:48 PM 506 Views
Funny... - 23/03/2017 05:30:24 PM 360 Views
This brings up an interesting thought.....(off topic) - 23/03/2017 06:06:54 PM 391 Views
this is why the writers of the Constitution didn't want to include a Bill of Rights - 23/03/2017 06:28:11 PM 344 Views
Bill of Rights vs. Enumerated Powers - 23/03/2017 07:13:30 PM 342 Views
I know it was almost 50 years ago... - 23/03/2017 07:35:23 PM 402 Views
Which brings to mind the falibility of man.... - 23/03/2017 08:34:07 PM 355 Views
yes - 23/03/2017 08:35:58 PM 404 Views
I would agree with that.... - 23/03/2017 10:01:38 PM 343 Views
Re: Bill of Rights vs. Enumerated Powers - 24/03/2017 10:56:12 AM 403 Views
Re: Letters of Marque and Reprisal - 24/03/2017 03:29:45 PM 323 Views
Re: Letters of Marque and Reprisal - 24/03/2017 06:12:10 PM 372 Views
the framers believee we should be well armed enought to be threat to government - 24/03/2017 01:14:13 PM 331 Views
I don't think it would have prevented anything. - 23/03/2017 07:59:35 PM 575 Views
I sort of assumed that those requirements were already in place - 23/03/2017 08:34:14 PM 338 Views
Sounds like he was kinda boring. - 23/03/2017 09:03:18 PM 328 Views

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