|
"Do all the securities listed in the Bill of Rights which refer to 'the People' only protect the rights of those white males with citizenship?"
Yes. People, grammatically, is a collective noun. It was assumed that the wealthy, white men would be speaking for "the people." In most places, the franchise was restricted to property owners which automatically excludes women, servants, slaves and Indians. The parts that refer to "persons" were intended to apply to everyone. This was a paternalistic society where wealthy white men replaced the king as patriarchs. No one had ever heard of a society where everyone was theoretically equal as everyone was defined by his or her relationship to a master. Masters owned land. Women, children and male servants were attached to that master and his property. Masters were citizens, those others were not. The idea of personal autonomy is as much a legacy of the industrial revolution and the rise of nation-states in the 19th century as it was of the Enlightenment.
"What about 'the people' as used in the body and in subsequent amendments?"
Again collective. For example, the warrant requirement is the operational part of the 4th Amendment as it was not intended to be a blanket prohibition against all searches and seizures, only unreasonable one. So while the people genrally cannot be searched (writs of assistance), specific persons can be by warrants on probable cause. The 5th Am., IIRC, speaks of "persons" not "people." As does the 14th. "All persons born or naturalized...." Of course it is the 14th that makes the BOR applicalble to state law. Other Amendments are blanket prohibitions and do not specify to whom they protect. "Congress shall make no law...." (Seems pretty unambigious.) "Neither slavery nor involuntary servitude shall exist...."
"Was securing the rights of only a select few the original intent of the phrase when used amendments?"
Phrases don't have intentions, individuals do. There is no single intention for any of these provisions because the Constitution and Amendments were written by committee. The social realities of the day, however strongly suggest that it was indeed the case that white males intended to retain their cultural hegemony. That was in the 18th century. Obviously, things changed after that. The industrial revolution, the settling of western land, the railroad and telegraph, the rise of nation-states and most significantly, the Civil War and Reconstruction.
"How is the scope of the phrase and its use in amendments now understood?" I can't speak for the common mythology, but the Heller decision indicates that the 14th does make the RKBA a personal right, albeit a limited one so far. The other seven BOR amendments are clearly universal in their application, at least theoretically.
|