...Remember, the Founding Fathers inveighed against the potential oppressions of government, not against the actions of individuals. It was the actions of government which they constraned through the provisions of the Constitution and, later, through the provisions of the Bill of Rights.
Well...if you're going to bring the Founding Fathers into it that's swell. But also try to keep in mind that in the time of the Founding Fathers, Atkins, Manson and the whole gang would've been probably been hanged the day after their trial ended.