The American Constitutional Tradition: Or the Uses and Abuses of History
I've had all I can stand.
The smell is too much for me.
This shop where they manufacture ideals seems to me to stink of lies.
- Friedrich Nietzsche
I've had all I can stand.
The smell is too much for me.
This shop where they manufacture ideals seems to me to stink of lies.
- Friedrich Nietzsche
On September 17th, 1787 the framers (now venerably named) signed the draft form of what would become, nearly two years later, the U.S. Constitution. The Constitution then proposed contained no bill of rights. It held no guarantees of freedom of speech, religion, press, or assembly. It provided no protections from self-incrimination, no compensation for eminent domain, no expectation of a speedy trial, and no jury of peers. It obligated no due process of law, and ordained no right to bear arms. Not until December 5th, 1791 would our now heralded rights-oriented doctrine be joined with the cold logic of the Constitution's Montesquieuian schematics.
The bill of rights was a hard won compromise, enacted only begrudgingly, achieved narrowly, and only through the harrowing process of intense political struggle. Almost comically the part of our Constitution designed explicitly as a protection against the government then established by the Constitution has come to embody our most sacred principles, denominate our most fundamental freedoms, and proclaim the essential spirit of our liberal creed.