[Zeno]

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That's why that phrasing was shot down.

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Interesting way to phase your point. [img]/images/graemlins/smirk.gif[/img]


Madison was verbose to the point of distraction at times and his initial formulations for amendments were worked over and consolidated, for example the first amendment is a consolidation of three separate proposed changes that Madison recomended. For example his initial proposed freedom of the press was:

"The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable."

Madison had to add an explanation, just as he did for his 'right to bear arms' proposal. It was his initial formulation that was never rewritten wholly, just tweaked about the margins and fondled over some, that has added to the confusion about this amendment. If they had started with Jefferson's statement then the text would have oozed clarity (or as much clarity that language can ooze).

As a side bar it is intersting that Madison also purposed this modification to the constitution that was never adapted -

"Fifthly; That in article 1st, section 10, between clauses 1 and 2, be inserted this clause, to wit:

No state shall violate the equal rights of conscience, or the freedom of the press, or the trail by jury in criminal cases."

One more thing to add that has some bearing on this discussion, just prior to his 'Fifthly' quoted above Madsion has a paragraph [this is taken from his constitutional amendments speech] that is of some interest, to wit:

"The exceptions here or elsewhere in the constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people; or as to enlarge the powers delegated by the constitution; but either as actual limitations of such powers, or as inserted merely for greater caution."

Wisely put and echoed in the ninth amendment of the Bill of Rights.

-Zeno