Today in Supreme Court History: December 15, 1791

12/15/1791: First Ten Amendments ratified.

Comments

[Joe_dallas]

of note, Thomas notes in his Concurring Mcdonald opinion of the argument that some federalist believed that the BOR was incorporated against the states at the time of ratification under the theory that states, the people and the federal government were all parties to the constitution.

[Joe_dallas]

Granted it is a minority view.

[Dilan Esper]

OTOH, Thomas somehow thinks the Establishment Clause was not incorporated. He doesn't really have a coherent theory.

[SMP0328]

Today in Australia you can see what happens to a supposedly free country that lacks a bill of rights. Thank you to all at the time of the Constitution's ratification who saw the naïve mistake the Founding Fathers had made in not enumerating individual rights in the Constitution.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

The antis were right that enumerating a subset of natural rights protected by the BoR would reduce the importance and awareness of unenumerated rights. The 9th and 10th Amendments were not enough to prevent this from coming true.

[benji]

I'd say they're pretty good. Ten out of ten even.