Home
/
RELIGION & LIBERTY ONLINE
/
What Happened to the Bill of Rights?
What Happened to the Bill of Rights?
Jan 28, 2026 7:44 PM

When the Founding Fathers were drafting the U.S. Constitution, they didn’t initially consider adding a Bill of Rights to protect citizens because it was deemed unnecessary. It was only afterthe Constitution’s supporters realized such a bill was essential to getting approved by the states that they proposed enumerating such rights in twelve amendments. (Ten amendments were ratified; two others, dealing with the number of representatives and with pensation of senators and representatives, were not.)

The Bill of Rights was included in 1791 to limitthe power of the Federal government and secure individual liberty. But in 2015 those rights are being eroded as more power is handed over to the government by the courts. AsDavid Corbin and Matt Parks claim, the structural limitations of the Constitution have all disappeared, swallowed up by ideas like merce,” “general welfare,” and “necessary and proper.”

Too easily, perhaps, have we been convinced that the security for our es from their inclusion in charters like the Bill of Rights. Too easily, perhaps, have e to assume that our rights e from their inclusion in charters like the Bill of Rights, rather than being bound up in our nature as human beings. e to suppose that we need not articulate a defense of our rights because the Founders wrote them down–and the courts will stop any legislator or executive who challenges them.

Furthermore, we may not ever need to explain how the original Constitution limits the powers of the national government, far beyond the boundaries of the Bill of Rights, if our favorite rights are already singled out for special protection. And so: the structural limitations of the Constitution have all but disappeared, swallowed up by words and phrases like merce,” “general welfare,” and “necessary and proper.”

Read more . . .

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Private property and the will of God
Things are looking grim for the rule of law in Bolivia. An article in today’s Washington Post outlines the growing conflict between the minority of Bolivians who own land and the landless majority. As Monte Reel writes in “Two Views of Justice Fuel Bolivian Land Battle,” this month the Bolivian government, under the direction of the “agrarian revolution” of president Evo Morales, “began a project to shuffle ownership rights affecting 20 percent of its land area, giving most of it...
Making freedom a reality
How does a country transition from being an impoverished former Soviet republic to a free society that enjoys a rank among those enjoying the highest degrees of economic liberty in the world? Last night at Acton University, former Estonian Prime Minister Mart Laar discussed the path his country took to do just that. In an address at times humorous, stirring, and powerful, Dr. Laar surveyed the history of his nation and the sometimes painful steps that were necessary to transition...
A quick misanthropy quiz
Before reading the rest of this post, let’s try a little experiment. Here are a set of quotations…your job is to decide who said it, a real-life scientist or Agent Smith from the Matrix trilogy (see answer key below the jump): 1. Humans are “no better than bacteria!” 2. “Human beings are a disease, a cancer of this planet.” 3. “There is no denying the natural world would be a better place without people. ALL people!” 4. “Planet Earth could...
Pulled pork
I’ve noted before the ballooning and bipartisan feeding at the public trough conducted by this Congress, for projects of dubious value. Brian Riedl reports on NRO today that there is at last some good news. Some of the pork from the latest spending bill has been plucked, credit due not least to a strong veto threat from the president. One might speculate that Republicans are rediscovering the benefits of spending restraint just in time to impress voters in November—but that...
Toward a government-run gambling monopoly
Radley Balko, blogging at Cato@Liberty (he also blogs at The Agitator), writes about the creeping campaign in Washington state to crack down on internet gambling. A new law would impose “up to a five-year prison term for people who gamble online,” but since passage has also been used to “to go after people who merely write about gambling.” Citing an editorial in the Seattle Times, the law prohibits not only online betting but also transmitting “gambling information.” The legitimacy of...
Remembering Kelo
It’s hard to believe that it’s been nearly a year since the Supreme Court handed down its decision in Kelo v. City of New London, which seriously damaged the institution of property rights. The Institute for Justice marks the occasion with a series of reports that contain bad news and good. The bad news is that Kelo does appear to have had a deleterious effect, emboldening local governments to seize private property at increasing rates. The good news is that...
Donors have responsibilities
A recent NYT article outlines some recent research showing that many people who give to charity “often tolerate high administrative costs, fail to monitor charities and do not insist on measurable results — the opposite of how they act when they invest in the stock market.” Tyler Cowen writes in “Investing in Good Deeds Without Checking the Prospectus,” about the research of John A. List, a professor at the University of Chicago, which “implies that most donors do not respond...
Cuban counts on corporate crime
Mark Cuban, billionaire and owner of the NBA franchise in Dallas, announced that he is “starting a website that focuses on uncovering corporate crime.” He continues, outlining the business model for the site: “I have every intention of trading on the information uncover[ed], and disclosing exactly what i do. The ultimate transparency.” Another of Cuban’s ventures, HDNet, the first all high-definition TV network, is “talking to Dan Rather and we hope to do a deal where he produces a show...
Millennium technology prize 2006
The world’s largest prize for technological innovation was awarded this year to Professor Shuji Nakamura, currently at the University of California Santa Barbara, for his development of bright-blue, green and white LEDs and a blue laser. According to the prize website, “The world’s largest technology prize, now being awarded by Finland’s Millennium Prize Foundation for the second time, has a value of one million euros.” Prof. Nakamura’s advances “were things that other researchers in the semiconductor field had spent decades...
Pinpoint federalism
There’s a new e-version of The Federalist Papers produced by Edward O’Connor. The innovation with this pared to all the other various electronic iterations of the papers is the ability to link to an exact paragraph within a particular paper. O’Connor says of the impetus for the endeavor, “I haven’t been able find one that was simultaneously nice-looking and useful (useful insofar as pinpoint linkability is concerned, at least).” The URL is based on the number of the paper, followed...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved