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The Two Constitutions

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The early American Constitution is a hybrid of two significant parts: The Constitution of 1789 and the Bill of Rights of 1791. James Madison was the most important contributor to both documents. The authorship may suggest a consistency in underlying philosophy, but that is not the case. Madison opposed a Bill of Rights for several reasons. He conceived the separation of powers as the surest way to tame power. Madison wanted a strong government capable of facing any exigency but able to withstand the arbitrary caprice of leadership. The Constitution left police powers to the states, but it transferred most others from the formerly sovereign states to the new federal sovereignty. The central government had significant power, but that power was difficult to exercise.

Justice Rehnquist, the Supreme Court, and the Bill of Rights

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