Bill of Rights would never pass today

Bill of Rights would never pass today

One can only imagine the attack ads that would today be marshaled against the Bill of Rights. Posited in 2015, the First Amendment’s speech protections would likely be characterized as “anti-gay” or “pro-racist” measures that had been cynically contrived to protect the capacity of bigots to say disgraceful things with impunity and to reinforce the various power structures and privileges that are at present claimed to be destroying America. The “freedom of the press,” meanwhile, would be openly disdained as an overture to the corporate purchase of elections; the “right of the people peaceably to assemble” would be regarded as a direct threat to the sanctity of the land around the entrance to abortion clinics; and the wide-ranging conscience protections contained within both the establishment and the free-exercise clauses would be cast as a devilish recipe for theocracy that would allow the irrational to operate without oversight and the backward to undermine the great cause of Science.

To run down the list is to see the modern objections fall neatly into place. As it is so often, the Second Amendment would be cast as a recipe for “Wild West” anarchy, an open invitation to sedition for those white, mountain-dwelling racists of the Southern Poverty Law Center’s nightmares, and an overture to the execution of children. The Fourth, the Fifth, and the Eighth would be denounced by both overzealous law-and-order types and totalitarian feminists as damnable “soft on crime” provisions intended to help dastardly types get away with raping college students and selling drugs to the vulnerable. And the Ninth and Tenth would be attacked viciously by our seemingly endless plague of ambitious public-policy graduates, almost all of whom believe down to their ill-fitting boots that there is no problem so small or so personal that it cannot be solved nationally. Precisely because it has such a limited effect in restraining the government, the only provision that would remain would be the Third, about quartering soldiers, although one can only suppose that John McCain and Lindsey Graham would put up quite the fight.

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