Equality, fairness and justice form the hallmark of a democratic society. Indeed, the creation of equal rights in the Bill of rights was a bold step towards the achievement of the goals of the founders of the nation, who wanted citizens to enjoy the hard won freedom and liberty. However, it could be argued that the Six Amendment was written under the veil of ignorance. This is because a majority of the independent states still allowed slavery and women were not allowed to vote, let alone lead. Women were seen as domestic managers and inferior to men. The level of injustice, inequality and intolerance characterizing the society during the drafting of these visionary provisions of the constitution illustrate a paradox. The provisions of the Bill of Rights and the Subsequent Amendments to the constitution were clearly ahead of their time. James Madison did not seem to have any hard feelings towards traitors and losers. He imagined himself as an accused person. He, therefore, wrote the bill of rights from the perspective of all members of the American society, winners and losers, the rich and the poor, and rulers and the ruled. The veil of ignorance had been part of the long tradition of the American founding fathers and major proponents of the social contract theory. The writings of Thomas Jefferson and Mahatma Gandhi also illustrate this tradition. Madison had realized the level of stratification, division and inequality in the then society. In order to address these challenges, and include everyone in the revenue sharing formula of the government, he uses the word ‘ other persons’. This ensures that revenue collected nationally is able to reach the best-off and worst-off members of the American society.
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Rawls, John . A Theory of Justice. Chicago: Harvard University Press, 2009.