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Two centuries ago, the United States settled into a permanent political order, after fourteen years of violence and heated debate. Two centuries ago, France fell into ruinous disorder that ran its course for twenty-four years. In both countries there resounded much ardent talk of rights--rights natural, rights prescriptive. . . .
[F]anatic ideology had begun to rage within France, so that not one of the liberties guaranteed by the Declaration of the Rights of Man could be enjoyed by France's citizens. One thinks of the words of Dostoievski: "To begin with unlimited liberty is to end with unlimited despotism." . . .
In striking contrast, the twenty-two senators and fifty-nine representatives who during the summer of 1789 debated the proposed seventeen amendments to the Constitution were men of much experience in representative government, experience acquired within the governments of their several states or, before 1776, in colonial assembles and in the practice of the law. Many had served in the army during the Revolution. They decidedly were political realists, aware of how difficult it is to govern men's passions and self-interest. . . . Among most of them, the term democracy was suspect. The War of Independence had sufficed them by way of revolution. . . .
The purpose of law, they knew, is to keep the peace. To that end, compromises must be made among interests and among states. Both Federalists and Anti-Federalists ranked historical experience higher than novel theory. They suffered from no itch to alter American society radically; they went for sound security. The amendments constituting what is called the Bill of Rights were not innovations, but rather restatements of principles at law long observed in Britain and in the thirteen colonies. . . .
The Americans who approved the first ten amendments to their Constitution were no ideologues. Neither Voltaire nor Rousseau had any substantial following among them. Their political ideas, with few exceptions, were those of English Whigs. The typical textbook in American history used to inform us that Americans of the colonial years and the Revolutionary and Constitutional eras were ardent disciples of John Locke. This notion was the work of Charles A. Beard and Vernon L. Parrington, chiefly. It fitted well enough their liberal convictions, but . . . it has the disadvantage of being erroneous. . . .
They had no set of philosophes inflicted upon them. Their morals they took, most of them, from the King James Bible and the Book of Common Prayer. Their Bill of Rights made no reference whatever to political abstractions; the Constitution itself is perfectly innocent of speculative or theoretical political arguments, so far as its text is concerned. John Dickinson, James Madison, James Wilson, Alexander Hamilton, George Mason, and other thoughtful delegates to the Convention in 1787 knew something of political theory, but they did not put political abstractions into the text of the Constitution. . . .
Probably most members of the First Congress, being Christian communicants of one persuasion or another, would have been dubious about the doctrine that every man should freely indulge himself in whatever is not specifically prohibited by positive law and that the state should restrain only those actions patently "hurtful to society." Nor did Congress then find it necessary or desirable to justify civil liberties by an appeal to a rather vague concept of natural law . . . .
Two centuries later, the provisions of the Bill of Rights endure--if sometimes strangely interpreted. Americans have known liberty under law, ordered liberty, for more than two centuries, while states that have embraced the Declaration of the Rights of Man and of the Citizen, with its pompous abstractions, have paid the penalty in blood.
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