Friday, December 03, 2010

Ratification

Some thoughts from a reading of Pauline Maier's "Ratification":
  • doesn't seem much concern for the right to bear arms in the discussions.  So far I think only NH mentioned it as a right.  
  • VA was concerned about "arming" the militia, someone even proposed an amendment ensuring the states' right to arm their militias if the federal government failed to do so.  That suggests to me a recognition of the fact that depending on personal arms for the militia was not a consideration.
  • VA's resolution of adoption included a statement that the "people of the United States" were adopting the constitution, but always had the right to change their form of government.
  • opponents and proponents used whatever tactics they could to advance their cause.  For example, sometimes they delayed, sometimes they shanghaied their foes into the meeting to make a quorum.  
  • as for advocates of "originalism", neither proponents nor opponent agreed on a reading of the Constitution; there were lots of variant interpretations.
  • a stray thought: in one convention, I believe VA, an argument against a bill of rights was that such a bill would tend to limit rights.  By saying that A, B, and C were rights, a bill of rights would imply that X, Y, and Z were not rights.  I wonder if that's been born out over the years--I'm thinking specifically of the right of privacy.

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