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  1. Grant Martin
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  3. FED 84 FINAL
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  5. For almost all of the United State’s existence, the Bill of Rights has been a key factor in the operation of our government. Many people don’t realize that there was a group known as the Federalists who opposed it. One of the most famous federalists was Alexander Hamilton who wrote Federalist Paper 84 (Which argues opposes Bill of Rights). Although Hamilton argues in Federalist 84 that the Bill of Rights is unnecessary due to the fact that the government can’t take away rights because they don’t have the power to do so, his argument was mostly invalid and a bill of rights is necessary because it has more specific rights that wouldn’t be implied, it provides rights guarantees to all citizens from which the government cannot deprive them of and provides core rights to the people.
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  7. Hamilton is under the assumption that the government will strictly follow the Constitution and that it will never change and restrictions will never be imposed. It is human nature to evolve, and in their advancement they are bound to change their law (No more dueling for instance). Hamilton explains how people don’t give up any rights and keep all their implied rights therefore they don’t need a Bill of Rights. Here again, Hamilton goes under the assumption that the people will keep all their implied rights and be able to express them without government opposition and that the government will never impose laws against them. Its as if Hamilton is saying to the people that they don’t have to worry, well people do need to worry. In the case of Donald Vance, the people do need to worry. Vance who was working as a security contractor in Iraq and an informant to the FBI lost his rights and as a US citizen was unlawfully detained by the military after their compound was raided. He was held at a military prison and was striped of his rights as an American Citizen. For example: his sixth amendment right to counsel was denied as he states in the article “Even Saddam Hussein had more legal counsel than I ever had.” The government can easily take away rights of the people and manipulate them for their own benefit if they aren’t set in stone, therefore a bill of rights in necessary.
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  9. The bill of rights also contains core basic rights that aren’t specified in the constitution (and therefore subject to interpretation). In Federalist 84 Hamilton states “Why for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?” Hamilton’s argument here is invalid because the government can easily oppose freedom of the press (In fact, they can oppose whatever they want) when they believe it is necessary. For instance the Supreme Court case of Schenck v. United States. Charles Schenck distributed materials to potential draftee’s for World War I attacking the draft on the grounds that it violated the thirteenth amendment: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. In the case the government convicted him for interfering with the military. When no power is given to impose restrictions, the government still imposes restrictions (Such as the Espionage Act of 1917) which completely invalidates Hamilton's argument.
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  11. Throughout Federalist 84 Hamilton attempts to argue against the implementation of a Bill of Rights. He states: “Here in strictness, the people surrender nothing, and as they retain everything they have no need of particular reservations.” He tells people here not to worry, but they do need to worry about the government usurping upon their rights. Hamilton wanted more power to the government rather than to the people due to the fact he had a good chance of becoming president. But a Bill of rights is necessary for people and liberty to prosper making Hamilton’s whole argument invalid. Although Hamilton made some good points in Federalist 84, overall he didn't catch the peoples attention. You could say Hamilton wasn’t quick on the draw with this one.
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