Plenty of smart people have argued… that the genius of the Constitution is that it is changeable. This line of reasoning follows a bold, but flawed assumption to the bitter end; the Framers were often wrong. Considering that the Bill of Rights is not structural nor procedural changes, but affirmation of negative liberty, 17 amendments were made. Amendments 18 and 21 were wasted on Prohibition, while 13, 14, 15 right the many wrongs of slavery. That leaves 12 drafted changes to the original intent- how many errors did the Framers make?
Can our society afford to trifle with such a document?… With so much uncertainty in the world, should we be looking to radically alter our rule of law? Should we question ANY portion of the Bill of Rights for transient political causes? The Bill of Rights is all or nothing, you either believe in it, or you don’t. We know the answers to these questions ….
“On every question of construction [of the Constitution] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or intended against it, conform to the probable one in which it was passed.” Thomas Jefferson