Posted by Tom on August 09, 1998 at 07:24:18:
In Reply to: Re: Bill of Rights posted by New Kid on August 08, 1998 at 14:46:49:
: What is the true meaning of "Bill" in the Bill of Rights?
: "Bill" in commerce is a general name for any item of indebtedness. (e.g. an invoice).
: "Bill" in legislation is the draft of a proprosed' law from the time of its introduction in a legislative house through all the various stages
: in both houses. A legislative 'bill' is never law. Until it is enacted, by both houses and signed by the executive, it becomes law, and ceases to be a 'bill'.
: So, the question is, does "bill" mean a debt owed to the 'posterity', or an act awaiting to become law? [Remember, the original 'bill' for the bill of rights had twelve amendments. What has happened to the other two?]
"Bill" also means a list or listing and that is all we are dealing with here. There were many other proposed rights submitted for consideration by the various States to be included in the Bill of Rights. (Well over twenty given serious debate) Twelve survived the debate and then each was individually voted upon to be included. Ten out of the twelve made it.
The Bill of Rights are prohibitions against the government. Congress cannot define rights as a result of it. This was the reason for the recent ruling by the Supreme Court finding that the Restoration of Religious Freedom Act was unconstitutional.
Read the Anti Federalist papers. It was they who were responsible for the inclusion of the Bill of Rights in the Constitution. Several of their writers referred to it and the Constitution as a "social compact". Some of the States voted on the adoption of the Consititution contingent upon Congress passing a Bill of Rights at some future date. Instead of becoming a piece of legislation they became amendments thus a part of the positive law.
We have a lot of thanks due to the Anti Federalist's..
By the way the Bill of Rights for the most part was patterned after the State of Virginia's.
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