VennDiagramsAlexanderHamilton
The Federalist papers, arguing for the ratification of the new US Constitution are not complicated. But they are incredibly well thought out. They are colored with a fine tip pencil, not a broad piece of coal. They cut to the issues without fat.Federalist paper #84 argued that there is no reason to do a Bill of rights. Alexander Hamilton wanted no such amendment, which was eventually proposed by James Madison. No 84 argues that a perfect negative argument like the Venn Diagram of a computer programmer. A NAND gate being the same thing as an OR gate with inverters on all the inputs and outputs.
Hamilton wrote, "[named rights] have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants. Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations." More than being unnecessary, a Bill of Rights would eventually give away every personal right that was not named. Instead, like a logic version, I already have everything I haven't given to the Federal government. The threat is that if name a right, then the edge will grow in to take everything else.
In Hamilton's words, "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?" This logic is impeccably tight.
Let me apply this. Why do I not individually have the right to own a bazooka and a tank? Answer: because the Bill of Rights names only that I can bear arms. If instead, I retained all rights except those given to the Federal government, then because containment of weapon power is not a right given to the Federal government, I retain the right to own any weapon I choose. Such extremes could be struck down with legislative action of a Congress, which is more suitable and right and responsive to the changing times inhabited by the people being represented.
Federalist #42 describes a similar negative logic between states and the Federal government.
Created by brian. Last Modification: Sunday 30 of January, 2011 20:19:08 CST by brian.