Bulwark or Façade? The Rights of Territorial Inhabitants
Bulwark or Façade? The Rights of Territorial Inhabitants
This chapter discusses the constitutional rights of the United States' inhabitants when the constitution is being framed. When the first American constitution was made, it contained no specific prohibition on laws restricting speech, authorizing general warrants, or restricting religion, and remained that way until the Bill of Rights was ratified in 1791. In spite of this, the government was not free in abridging, as laws that infringed widely respected liberties would not be deemed “necessary and proper” as required by the Sweeping Clause, but as unconstitutional.
Keywords: constitution, prohibition, liberties, Sweeping Clause, constitutional rights, Bill of Rights
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