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Thought for Friday

It's interesting that in the second amendment context we have a LOT of data about how the Framers felt ... because the issue came down to nuts and bolts distribution of power in its clearest form. Debates in the ratifying conventions, state demands for a bill of rights, debates in the First House, motions in the First Senate, newspaper articles. Federalist 46, Madison arguing you can ratify the constitution without worry, because the militia will outnumber and can overpower any try at tyranny.

In the first amendment context we have much less information. Freedom of speech and press -- we have some statements about it being important in the abstract. It was not a big issue in the ratifying convention debates. Pat Henry and Geo. Mason didn't go to town on how the Congress might establish a religion or suppress publications. I suppose they figured that if the people were armed (or armed and organized) all other freedoms would follow.

The other provisions -- I can't remember a mention of search and seizure or self-incrimination in debates of the period. Ditto for self-incrimination, jury trial in civil cases, taking of property without compensation, etc.