Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: dirtboy
The 9th simply tells the feds they have no say in the matter

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." - The Ninth Amendment

It simply says that just because a right isn't enumerated doesn't mean it doesn't exist. Nothing more, nothing less.

57 posted on 08/28/2007 3:02:24 PM PDT by EternalVigilance (States' rights don't trump God-given, unalienable rights...support the Reagan pro-life platform)
[ Post Reply | Private Reply | To 53 | View Replies ]


To: EternalVigilance
It simply says that just because a right isn't enumerated doesn't mean it doesn't exist. Nothing more, nothing less.

Now, couple that to the 10th.

It meant that if the feds wanted to ban alcohol, it took a Constitutional amemdment. States were free to allow or prohibit alcohol. Without an amendment, the fedgov was silent.

Now, compare that to Griswold (and eventually Roe). SCOTUS found a right to privacy in the 9th that allowed a federal court to strike down a state law banning contraception. That is a complete perversion of the 9th and 10th. The Constitution was silent on the matter. The 9th said that the feds could not constrain a state right. And the 10th said they also could not limit a state power. Griswold found a federal right and limited a state power. And Griswold was the parent of Roe.

65 posted on 08/28/2007 3:08:53 PM PDT by dirtboy (Chertoff needs to move out of DC, not move to Justice.)
[ Post Reply | Private Reply | To 57 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson