In the 1780s, punishment often included burning at the stake or public execution of other sorts. The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. Rules of construction of the Constitution. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. It limits the powers of the federal government by reserving rights not assigned to the federal government to the states, such as education, marriage and divorce.
State law can set a precedence in other states.
Madison was at first opposed to adding a bill of rights to the federal charter. Therefore, he thought setting out specific limits on the central government's powers to be unnecessary. He feared that an enumeration might later be used by the federal government to justify overstepping in any area not specifically listed. Madison eventually recognized that a bill of rights would be necessary to overcome opposition to the Constitution by those who feared that it gave too much power to this new, central government. His good friend, Thomas Jefferson, also helped convince Madison that a bill of rights could in fact be structured to serve as a proper limitation on government power.