The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Sunday, November 26, 2017

A Bill of Rights? Why, whatever for?

While the ink was still wet, people were objecting the new government was not to be trusted without a Bill of Rights.

To which defenders replied it would be a government with no powers not expressly granted, and the powers expressly granted did not include the power, for example, to establish religion or restrict freedom of speech or the press.

If they were right, anything struck down for conflict with the Bill of Rights since their adoption could have been struck down as exceeding the powers of the federal government.

Do we believe that?

Under which enumerated power did the Congress suppress porn or seek to suppress abortion or gay marriage?

Or crossing state lines for immoral purposes?

Or sending porn through the mails?

Or mere possession of child porn?

If they can stop porn through the mails can they stop the New York Times?

Ratification.

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