The Bill of Rights as a Term of Art

Gerard N. Magliocca*

It certainly must be immaterial what mode is observed as to the order of declaring the rights of the citizens, if they are to be found in any part of the instrument which establishes the government. And hence it must be apparent that much of what has been said on this subject rests merely on verbal and nominal distinctions, which are entirely foreign from the substance of the thing.¹

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© 2016 Gerard N. Magliocca. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice.

*Samuel R. Rosen Professor, Indiana University Robert H. McKinney School of Law. Thanks to Richard Primus, Amanda Tyler, and to the American Bar Foundation, which hosted a workshop on this Article, for their feedback on prior drafts.

1 The Federalist No. 84, at 581 (Alexander Hamilton) (Jacob E. Cooke ed., 1961).