Hamilton, Federalist 84:GOP Senator Cynthia Lummis: "Under normal times, in normal circumstances, I tend to think that the First Amendment should always be sort of the ultimate right... I don't feel that way anymore." https://t.co/nLCbSPvLHR
— Taniel (@Taniel) September 18, 2025
[I] affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?
Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights.
On the subject of the liberty of the press, as much as has been said, I cannot forbear adding a remark or two: in the first place, I observe, that there is not a syllable concerning it in the constitution of this State; in the next, I contend, that whatever has been said about it in that of any other State, amounts to nothing. What signifies a declaration, that "the liberty of the press shall be inviolably preserved''?
What is the liberty of the press? Who can give it any definition which would not leave the utmost latitude for evasion? I hold it to be impracticable; and from this I infer, that its security, whatever fine declarations may be inserted in any constitution respecting it, must altogether depend on public opinion, and on the general spirit of the people and of the government. And here, after all, as is intimated upon another occasion, must we seek for the only solid basis of all our rights.
A mere decade later, Hamilton's Federalist Party passed the infamous Alien and Sedition Acts. Around that time, the man also wrote:
Let us not establish a tyranny. Energy is a very different thing from violence.
Yet the following year, he channeled Stephen Miller:
[W]hat avail laws which are not executed? Renegade Aliens conduct more than one of the most incendiary presses in the UStates—and yet in open contempt and defiance of the laws they are permitted to continue their destructive labours. Why are they not sent away? Are laws of this kind passed merely to excite odium and remain a dead letter? Vigour in the Executive is at least as necessary as in the legislative branch. If the President requires to be stimulated those who can approach him ought to do it.
In conclusion: America has always been a land of hypocrisy.
* With apologies to my friends who are witches, as well as the Etsy Witches. Blame Jefferson.
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