ABSTRACT
Although not added to the original Constitution until four years after the requisite number of states had ratified the basic law, the Bill of Rights is to be regarded as part of the original document. George Mason had unsuccessfully urged the Founders at the Philadelphia Convention to adopt provisions protecting people’s rights from invasion by the federal government. Without much discussion, his urgings were unanimously rejected. Such protections were regarded as unnecessary because eleven of the thirteen states already had some form of a Bill of Rights shielding citizens from state governments. It was argued that protection from the abuse of power by the federal government was already provided by the dispersal of power throughout by separation of powers, federalism, and a bicameral legislature. Besides, the national government could exercise only its enumerated powers, and as Alexander Hamilton expressed it, “Why declare that things shall not be done which there is no power to do?” Others thought there was no need for a separate Bill of Rights because individual rights were included in provisions 118of the Constitution like protections against Bills of Attainder and ex post facto laws (see Article 1, section 9). Also, by enumerating certain rights and not others, it was feared this would leave those not listed unenforceable. It was best to leave them unspecified. In any case, the debate arose late in the Philadelphia Convention and the delegates were tired and eager to get home. The issue rested until the proposed Constitution was circulated among the states for ratification.
