Tag: government

“the main opposition to including specific protections for the Bill of Rights came not from those who thought the document went too far, but from people who feared it didn’t go far enough.

James Madison, then a representative in Congress decades before his election to the White House, believed rights are natural and preexist any form of government. Man “has a property very dear to him in the safety and liberty of his person,” he commented in a 1792 newspaper column. “Conscience is the most sacred of all property; other property depending in part on positive law, the exercise of that, being a natural and unalienable right.” Protecting specific rights, he feared, might lead Americans to believe those were their only rights, and that they’re granted by government.

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In an 1819 letter Jefferson wrote that “rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.”

That was long after he’d prevailed upon Madison in their correspondence to consider that the new Constitution assigns significant authority to the federal legislative and executive branches and should “guard us against their abuses of power.”

“If we cannot secure all our rights, let us secure what we can” with a formal Bill of Rights, he continued. While such a document “is not absolutely efficacious under all circumstances, it is of great potency always, and rarely inefficacious.”

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The Ninth Amendment addressed Madison’s concerns about protecting only some rights by embedding his natural rights ideas in the document. It states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.””

https://reason.com/2025/12/08/bill-of-rights-day-how-your-rights-keep-authoritarianism-in-check/