Question

Excerpt Two:

The most considerable of the remaining objections is
that the plan of the convention contains no bill of
rights... [Bills of rights] have no application to
constitutions professedly founded upon the power of
the people, and executed by their immediate
representatives and servants. Here, in strictness, the
people surrender nothing; and as they retain every
thing they have no need of particular reservations.
"WE, THE PEOPLE of the United States, to secure the
blessings of liberty to ourselves and our posterity, do
ORDAIN and ESTABLISH this Constitution for the
United States of America."...
I go further, and affirm that bills of rights, in the sense
and to the extent in which they are contended for, are
not only unnecessary in the proposed Constitution, but
would even be dangerous. They 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?...
Answer each of the following questions separately in the space provided below.
6. What words does the author use to describe "bills of rights"?
7. What part of the Constitution is quoted in the first paragraph?
8. Does the author believe there is a need for the addition of a bill of rights to the Constitution?
9. Summarize two points of the author's argument in your own words.

Answer 1

The author criticizes "bills of rights," deeming them unnecessary and dangerous in the Constitution. Quoting the preamble, they argue that the people surrender nothing, eliminating the need for specific reservations.

The author uses words like "objections," "no need," "unnecessary," and "dangerous" to describe "bills of rights." Additionally, the author sees bills of rights as containing "various exceptions to powers not granted."

The author quotes the preamble of the Constitution in the first paragraph: "WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ORDAIN and ESTABLISH this Constitution for the United States of America."

No, the author does not believe there is a need for the addition of a bill of rights to the Constitution. The author argues that in a constitution founded upon the power of the people and executed by their representatives, the people surrender nothing, and therefore, there is no need for particular reservations.

Two points of the author's argument are:

a. Bills of rights are unnecessary and dangerous in the proposed Constitution.

b. The people retain everything in a constitution based on their power, making specific reservations redundant.