The Constitution in American Life - U2Q2: Necessity and Danger of the Bill of Rights - Video

Presenting a round table discussion for all teachers and students of government and civics. Sources are linked to provide audience opportunity for deeper study.

Unit 2, Question 2

Necessity and Danger of Bill of Rights

Question:
When explaining why the proposed Constitution lacked a bill of rights, one Federalist claimed that “in a government possessed of enumerated powers, such a measure would be not only unnecessary, but preposterous and dangerous.” Do you agree or disagree with this statement? Why or why not?
*In your opinion, did the first 10 amendments to the Constitution sufficiently address the concerns of the Anti-Federalists?
*To what extent, if any, should we consider adding additional amendments to our Constitution?


Key Topics

0:00 - Intro

3:07
What advice or suggestions would you provide to teachers and students as they address the entire question?

7:25
We know that the final draft that was sent out to the States’ for ratification did include “rights” in the body of the Constitution. Therefore, could we conclude that the opposition Anti-Federalists were disingenuous?

9:18
It seems to me that the general theory of government held by the Federalists was that rights had to be attached to the powers of government. Do you agree?

18:06
Were the Anti-Federalists satisfied with the Bill of Rights that were ratified in 1791?

26:18
Having lost the debate over the veto power by Congress regarding state laws, doesn’t enumerating rights that need to be protected from all governments make sense? Why was Madison initially opposed?

35:41
Could you explain the difference between positive rights and negative rights.

44:17
Why does the majority of Liberal Democracies around the world have a greater depth of positive rights than the U.S.?

49:10
Do you think that those rights that the First Congress ultimately agreed to are broad enough to provide the people with adequate protection, or do you think they missed something? In your opinion, did the inclusion of the 9th Amendment address any gaps in the enumeration?

58:54
If we look at the history of rights, Congress, and the courts, doesn’t our system of government have the ability to add rights to our system through such things as incorportion, pnumbra of rights and unenumerated rights?

References and Resources

Excellent Article on the Process of Creating the Bill of Rights,
https://csac.history.wisc.edu/wp-content/uploads/sites/281/2017/07/tub_to_the_whale.pdf

The Debate Over a Bill of Rights (Contains Federalists and Antifederalist Essays)
https://csac.history.wisc.edu/document-collections/constitutional-debates/bill-of-rights/

Recommendatory Amendments from Nine State Conventions
https://csac.history.wisc.edu/document-collections/constitutional-debates/debate-about-amendments/recommendatory-amendments-from-state-conventions/

The Debate Over Amendments to the Constitution (Collection of Essays)
https://csac.history.wisc.edu/document-collections/constitutional-debates/debate-about-amendments/

Link to Madison’s Vices
https://founders.archives.gov/documents/Madison/01-09-02-0187

Federalist #84
https://press-pubs.uchicago.edu/founders/documents/bill_of_rightss7.html

Value of 9th Amendment
https://www.cato.org/commentary/americans-should-remember-ninth-amendment

Has Bill of Rights Become a Threat to Democracy
https://www.washingtonpost.com/outlook/how-our-changing-view-of-the-bill-of-rights-has-threatened-our-democracy/2018/01/19/01e5fe40-d912-11e7-b1a8-62589434a581_story.html

Amendments? No, a new Constitution.
https://www.theatlantic.com/politics/archive/2013/11/the-us-needs-a-new-constitution-heres-how-to-write-it/281090/