Sherman apparently expressed the consensus of the convention. His argument was that the Constitution should not be interpreted to authorize the federal government to violate rights that the states could not violate. Slotnick, Elliot E. (1999). Judicial Politics: Readings from Judicature. Rowman & Littlefield. ISBN978-0-938870-91-3.
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In Robertson v. Baldwin, 165U.S.275 (1897), the United States Supreme Court stated that there are exceptions for the civil liberties and fundamental rights secured by the Bill of Rights: "The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the 'Bill of Rights,' were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had, from time immemorial, been subject to certain well recognized exceptions arising from the necessities of the case. In incorporating these principles into the fundamental law, there was no intention of disregarding the exceptions, which continued to be recognized as if they had been formally expressed. Thus, the freedom of speech and of the press (Article I) does not permit the publication of libels, blasphemous or indecent articles, or other publications injurious to public morals or private reputation; the right of the people to keep and bear arms (Article II) is not infringed by laws prohibiting the carrying of concealed weapons; the provision that no person shall be twice put in jeopardy (Art. V) does not prevent a second trial if upon the first trial the jury failed to agree or if the verdict was set aside upon the defendant's motion, United States v. Ball, 163 U. S. 662, 163 U. S. 627, nor does the provision of the same article that no one shall be a witness against himself impair his obligation to testify if a prosecution against him be barred by the lapse of time, a pardon, or by statutory enactment, Brown v. Walker, 161 U. S. 591, and cases cited. Nor does the provision that an accused person shall be confronted with the witnesses against him prevent the admission of dying declarations, or the depositions of witnesses who have died since the former trial."[97]
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Mahoney, Dennis J. (1986). "Seventh Amendment". Encyclopedia of the American Constitution. Archived from the original on November 5, 2013. Retrieved July 15, 2013.
Krantz, Sheldon (1986). "Cruel and Unusual Punishment". Encyclopedia of the American Constitution. Archived from the original on October 29, 2014. Retrieved July 16, 2013.
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