Pause: A Plea for the First

The words "shall not" ring out as loudly--and about as often--from the first ten amendments to the Constitution as they do from the Ten Commandments. In the amendments, however, they do not ring out against the actions of individual people. Rather they resound against the Federal Government of the United States. Even when used in the passive voice, e.g. "the right of the people...shall not be infringed," "the right of the people...shall not be violated," these Constitutional "shall nots" target the government.

When we speak of the first ten amendments, we refer, of course, to the U.S. Bill of Rights. Reading them over gives one a refreshing taste of a time when Americans knew they ruled over their own government. They would draw up the plans for their government, giving it only those powers they explicitly enumerated in its Constitution. Having structured the government in the words of the Constitution itself, they quickly followed with their laundry list of things it "shall not" do.

The founders acted like the strict father who lends his son the keys to the car, but can't resist following his gracious act with, "Please don't take this as a license to hang out at the bar, come home late, annoy the neighbors, forego your homework and chores..." Jefferson wrote to Madison, "A bill of rights is what the people are entitled to against every government on earth...and what no just government should refuse or rest on in…