Linked by Thom Holwerda on Tue 4th Oct 2011 13:31 UTC
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Member since:
2008-10-26
The Bill of Rights is a bit odd in that respect (for some explanation as to why, see the Federalist Papers: https://secure.wikimedia.org/wikipedia/en/wiki/Federalist_papers#Opp... ). Basically, your interpretation is essentially why some of the authors of the US Constitution did not want a Bill of Rights. The Bill of Rights is very explicitly about the government, not the people: it does not list rights the people have, it lists (some examples of) rights the people already have independent of the Bill of Rights which the government is not allowed take away.
Of course, this is philosophy and Bill of Rights is not always interpreted as I described.