https://issuesinsights.com/2022/12/15/this-grand-security-of-the-rights-of-the-people/
In is a not-uncommon observation that Americans take far too much for granted. But it is too little recognized that near the top of the list of blessings we take too much for granted is our Bill of Rights, whose 231st anniversary is December 15th.
Not just the Bill of Rights, which Justice Hugo Black called “the Thou Shalt Nots,” but the debate over them is worth more attention than most Americans give it. One reason is that our Constitution’s framers initially opposed a Bill of Rights. The reversal came from Anti-Federalist objections that without adding certain critical Thou Shalt Nots to limit the federal government, it would have far too much power, to citizens’ detriment. Another reason is that we have a record of the positions taken by the Federalists in Alexander Hamilton’s Federalist 84, and the positions taken by the Anti-Federalists in the works of the writer who called himself Brutus. Since that debate still informs the basis for upholding our rights against threatened federal assaults on them, which are currently accelerating, it remains at least as important today as it was in 1791.
Hamilton’s opposition to an added Bill of Rights in Federalist 84 began with the argument that the Constitution effectively already had one, in its “provisions in favor of particular privileges and rights [e.g., habeas corpus], which, in substance amount to the same thing.” Further, “bills of rights are … stipulations between kings and their subjects … they have no application to constitutions professedly founded upon the power of the people … Here, in strictness, the people surrender nothing; and as they retain everything they have no need of particular reservations.”
Hamilton’s main argument, however, was that “bills of rights … would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed … it would furnish, to men disposed to usurp, a plausible premise for claiming that power.”