>It's weird how often discussions about amendments get caught up on wording, precedents and people's intentions rather than what is good or bad.
That's only natural. You have to determine what the amendment really means before you can decide whether or not it's a good idea.
Madison didn't want to include a bill of rights at all. He viewed the US Constitution as a document enumerating what the federal government can do, which is the most restrictive interpretation, and thus things like prohibitions on speech were obviously outside the powers of the federal government.
He felt that by including the Bill of Rights the meaning of the entire document was changed and people would argue it allows the government to do anything that isn't prohibited.
That's only natural. You have to determine what the amendment really means before you can decide whether or not it's a good idea.
Madison didn't want to include a bill of rights at all. He viewed the US Constitution as a document enumerating what the federal government can do, which is the most restrictive interpretation, and thus things like prohibitions on speech were obviously outside the powers of the federal government.
He felt that by including the Bill of Rights the meaning of the entire document was changed and people would argue it allows the government to do anything that isn't prohibited.
I think history has proved him correct in spades.