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300 bill of rights The Federalist, Papers 84 and 85 alexander hamilton, james madison, and john jay 1787 In these selections we see the main line of Federalist argument: that a Bill of Rights was unnecessary and dangerous. It was unnecessary because the Constitution granted only certain clearly defined powers to the central government. It was dangerous because any attempt to reduce the traditional rights enjoyed by Americans to a few statements would leave out of the Constitution —and presumably without legal defense—many important rights and privileges. No. 84 alexander hamilton Concerning several miscellaneous objections In the course of the foregoing review of the constitution, I have endeavoured to answer most of the objections which have appeared against it. There remain, however, a few which either did not fall naturally under any particular head, or were forgotten in their proper places. These shall now be discussed: but as the subject has been drawn into great length, I shall so far consult brevity, as to comprise all my observations on these miscellaneous points in a single paper. The most considerable of the remaining objections is, that the plan of the convention contains no bill of rights. Among other answers given to this, it has been upon different occasions remarked, that the constitutions of several of the states are in a similar predicament. I add, that New York is of the number. And yet the persons who in this state oppose the new system, while they profess an unlimited admiration for our particular constitution, are among the most intemperate partizans of a bill of rights. To justify their zeal in this matter, they allege two things: one is, that though the constitution of New York has no bill of rights prefixed to it, yet it contains in the body of it, various provisions in favour of particular privileges and rights, which, in substance, amount to the same thing; the other is, that the constitution adopts, in their full extent, the common and statute law of Great Britain, by which many other rights, not expressed, are equally secured. To the first I answer, that the constitution offered by the convention contains, as well as the constitution of this state, a number of such provisions. Independent of those which relate to the structure of the government, we find the following: Article I, section 3, clause 7. “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust, or profit under the United States; but the party convicted shall, nevertheless , be liable and subject to indictment, trial, judgment , and punishment, according to law.” Section 9. of the same article, clause 2. “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Clause 3. “No bill of attainder or ex post facto law shall be passed.” Clause 7. “No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of the congress , accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.” Article II. section 2. clause 3. “The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.” Section 3. of the same article : “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies , giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.” And clause 3. of the same section: “The congress shall have Federalist 301 power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture , except during the life of the person attainted.” It may well be a question, whether these are not, upon the whole, of equal importance with any which are to be found in the constitution of this state. The establishment of the writ of habeas corpus, the prohibition of ex post facto...

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