At the Constitutional Convention, James Madison
was one of those who felt that a Bill of Rights was not required
for the new government. He felt differently about a Bill of Rights
for a state government, however. In 1785, he received a letter
requesting advice on a constitution for the nascent state of Kentucky.
In his response, he briefly sketches the outlines of a state constitution,
including enumerated rights. The letter foreshadows his approach
to the Bill of Rights: the rights are expressed as restrictions
on the legislature. The "&c., &c." at the end
would seem to imply that he does not mean these enumerated rights
to be complete.
— JMU Editor
If it were possible, it would be well to define the extent
of the Legislative power; but the nature of it in many respects
seems to be indefinite. It is very practicable, however, to
enumerate the essential exceptions. The Constitution may expressly
restrain them from meddling with religion; from abolishing Juries;
from taking away the Habeas Corpus; from forcing a citizen to
give evidence against himself; from controulling the press;
from enacting retrospective laws, at least in criminal cases;
from abridging the right of suffrage; from taking private property
for public use without paying its full value; from licensing
the importation of slaves; from infringing the confederation,
&c., &c.
Excerpted from letter to John Brown (Kentucky),
August 23, 1785 (Madison
1865, I, page 178).
