RANDY BARNETT ON LIBERTY AND ENUMERATED POWERS.
I can put the matter another way. For 2 years there was no bill of rights, and no Due Process Clause. Therefore, the position of Tribe et al is that, for 2 years, Congress had unlimited powers. I should have thought it obvious that there are not one but two means of constitutionally protecting liberty: (1) enumerate and limit grants of power and (2) protect rights.
Read the whole thing, and also this column in the Washington Examiner.