Why did some Federalists oppose adding a bill of rights to the Constitution?

Some members of Congress argued that a listing of rights of the people was a silly exercise, in that all the listed rights inherently belonged to citizens, and nothing in the Constitution gave the Congress the power to take them away.  It was even suggested that the Bill of Rights might reduce  liberty by giving force to the argument that all rights not specifically listed could be infringed upon.  In part to counter this concern, the Ninth Amendment was included providing that "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage other rights retained by the people."  Decades later, the Ninth Amendment would be pointed to by some judges, such as Justice Goldberg in his opinion in Griswold v Connecticut (a case recognizing a right of privacy that included a right to use contraceptives), as a justification for giving a broad and liberty-protective reading to the the specifically enumerated rights.  Others, such as rejected Supreme Court nominee Robert Bork, would dismiss the Ninth Amendment as analogous to "an inkblot on the Constitution," a provision so unclear in its significance that judges should essentially read it out of the Constitution.

Most of the protections of the Bill of Rights eventually would be extended to state infringements as well federal infringements though the "doctrine of incorporation" beginning in the early to mid-1900s.  The doctrine rests on interpreting the Due Process Clause of the Fourteenth Amendment as prohibiting states from infringing on the most fundamental liberties of its citizens.  (For more, see page on INCORPORATION DEBATE.)

In the end, we owe opponents of the Constitution a debt of gratitude, for without their complaints, there would be no Bill of Rights.  Thomas Jefferson wrote, "There has just been opposition enough" to force adoption of a Bill of Rights, but not to drain the federal government of its essential "energy."  George Washington agreed: "They have given the rights of man a full and fair discussion, and explained them in so clear and forcible manner as cannot fail to make a lasting impression."

The Rejected Rights Guarantees Included
in James Madison's Original Bill of Rights:

1.  "No person religiously scrupulous of bearing arms shall be compelled to render military service in person."
2.  "No State shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases." [Madison called this guarantee, extending protections of the First Amendment and the jury trial right of the Sixth Amendment to the states, "the most valuable amendment  in the whole lot." It passed the House, but was rejected by the Senate.]

The Bill of Rights

THE FIRST 10 AMENDMENTS TO THE CONSTITUTION AS RATIFIED BY THE STATES ("The Bill of Rights")**

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.  

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.  

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.  

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

**Because the Ninth and Tenth Amendments are not specific guarantees of individual liberties, in some usages "The Bill of Rights" refers only to the first eight amendments.

Why did the Federalists oppose a bill of rights quizlet?

Which of the following statements best explains why some Federalists opposed adding a bill of rights to the Constitution quizlet?

What was the main reason Hamilton opposed a bill of rights?