17.5.04

WELL: Bomb-throwing question of the week: do we really need a Bill of Rights? Follow me here... if you'd written the constitution still having the ennumerated powers, but in the place of Article I, section 9, you had a clause not unlike the 9th & 10th amendments (e.g. "all rights not specifically given to Congres are reserved to the states and the people"), it seems like you'd miss out on a lot of the grey-area cases no one really likes. In other words, does saying "you can't do this or that" encourage flirting with the boundaries of acceptibility in a way that simply presenting a list of "you can do this, but nothing else" wouldn't?

No specific thoughts myself on this topic as of yet, just looking to see what people's instincts are.

No comments: