ABSTRACT

The first ten amendments to the US Constitution are typically referred to as the Bill of Rights. The Federalists objected to a Bill of Rights, but not because they opposed the liberties at issue. Rather, they argued that because the Constitution created a government of delegated, enumerated powers, and no power had been conferred upon the government that would allow it to infringe upon citizens' rights, a Bill of Rights was unnecessary. The Ninth and Tenth Amendments were intended as a response to those who, like Alexander Hamilton, had argued that an enumeration of citizens' rights in a Bill of Rights would eventually be interpreted as all inclusive; that is, if a right were not explicitly listed, it could be argued that it was not protected. The Bill of Rights is often referred to as "antima- joritarian" because it reflects the high value that its drafters accorded to individual liberties.