Principium Volume II, Book 11, Quote 1204 and 1207

1204. (1-17-2011) [F]rom Madison… “came the idea that the problem of producing adequate safeguards for private rights and adequate powers for national government was in the end the same problem, inasmuch as a strengthened national government could be a make-weight (something put on scale to make up the required weight. – Oxford dictionary online)ATJ against the swollen prerogatives of state legislatures. It remained for the Constitutional Convention, however, while it accepted Madison’s main idea, to apply it through the agency of judicial review. Nor can it be doubted that this determination was assisted by a growing comprehension in the Convention of the doctrine of judicial review.” (- E.S. Corwin – American Historical Review, XXX, 1925) Thus the great discovery was made (Federalism and the balance of power between a strong centralized, but stratified and balanced, separating it’s power between the legislative, executive, and judicial, government and that of the power of the States.)ATJ of which Lord Action later said: “Of all checks on democracy, federalism has been the most efficacious and the most congenial….The Federal system limits and restrains sovereign power by dividing it, and by assigning to Government only certain defined rights. It is the only method of curbing not only the majority but the power of the whole people, and it affords the strongest basis for a second chamber, which has been found essential security for freedom in every genuine democracy. (- Lord Action – History of Freedom)

- Friedrich A. Hayek – The Constitution of Liberty, 1978

1207. (1-18-2011) An even clearer statement (of why a bill of rights should not be included in the Constitution)ATJ than in [the previous]ATJ passage by [Alexander]ATJ Hamilton…is that by James Wilson in the debate on the Constitution in Pennsylvania convention….He described a bill of rights as “highly imprudent” because “in all societies, there are many powers and rights which cannot be particularly enumerated. A bill of rights annexed to a constitution is an enumeration of the power reserved. If we attempt an enumeration, everything that is not enumerated is presumed to be given.” (just like a child saying, “You never told me not to,” after so many instances where parents had previously instructed not to do certain “enumerated” things – however, had not “enumerated” every little thing. Then, as a parent, you weakly follow up with, “You should have known.” The government is like a child, in many respects, you should only allow it to do certain limited things, everything else is off limits – and permission must be sought to do it. But once you start telling it some of the things it cannot do, it presumes what was not outlined on the “do not” list is ok to do, conveniently ignoring the small statement about whatever was not listed is still to be known as rights belonging to the states and the people.)ATJ (Contrast the view not to include a bill of rights with the view to include one.)ATJ My own opinion has always been in favor of a bill of rights; provided it be so framed as not to imply powers not meant to be included in the enumeration….The invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the Constituents. This is a truth of great importance but not yet sufficiently attended to….What use then it may be asked can a bill of rights serve in popular Governments?...1. The political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free Government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion…”

- James Madison – Letter to Jefferson, dated October 17, 1788, quoted from “The Complete Madison,” 1953

(Madison understood that without these basic ideas of freedom written in a prominent way, they would be forgotten and could not be used to stop or stall the impulses of designing men that have the desire to overthrow freedom.)ATJ

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