That’s the same argument from the other direction. The federal government, as designed, wasn’t powerful enough to protect minorities from the majority. Those rules entailed a major expansion of federal power. Indeed, you can see the seams in the civil rights laws. For example, Title VI’s ban on discrimination in public education is implemented through conditions on federal funding. Because the federal government can’t legislate such a ban directly.
> The foundation is that "all ... are creatd equal", which includes all members of minorities. The Bill of Rights is there to protect unpopular minorities from the majority.
That’s exactly the civil rights era retconning of the constitution I’m talking about. The statement that “all men are created equal” has nothing to do with minorities. Read the context right before and right after: https://www.archives.gov/founding-docs/declaration-transcrip.... The statement is about self determination: the right of a people to determine their own form of government. The equality being referred to is the equality between Britain and its monarch and the colonists.
The founders said almost nothing about protecting minorities from the majority, except perhaps in the context of religious freedom. Their concern was exactly the opposite: that a minority cabal in the government would oppress the majority.
