Page "Ninth Amendment to the United States Constitution" Paragraph 2

When the U. S. Constitution was sent to the states for ratification after being signed on September 17, 1787, the Anti-Federalists argued that a Bill of Rights should be added.

One of the arguments the Federalists gave against the addition of a Bill of Rights, during the debates about ratification of the Constitution, was that a listing of rights could problematically enlarge the powers specified in Article One, Section 8 of the new Constitution by implication.

For example, in Federalist 84, Alexander Hamilton asked, " Why declare that things shall not be done which there is no power to do?

" Likewise, James Madison explained to Thomas Jefferson, " I conceive that in a certain degree ... the rights in question are reserved by the manner in which the federal powers are granted " by Article One, Section 8 of the Constitution.