Thanks for this post. I’ll read the decision. I’d often wondered that since Marbury was a decision contemporary with the authors of the Constitution, how could they have permitted an egregious act by the judiciary to succeed without any pushback.
When someone tells you that the Constitution is a “living document”, what they are really saying is that it is dead.
bump
The 9th amendment does not provide a way for USGov to escape the limitations of USConstitution.
As posted earlier, see previous thread for Dr. Berns 1980's observations on this subject which reveal the original deception used to justify the "living constitution" fraud.
Bookmark.
Amendment X
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.
These amendments clearly carry a substantial meaning, but that meaning does not include any powers created by activist federal judges or any of the to-be-discovered individual constitutional rights that they claim "must" be protected by the federal government. The clear meaning protects all of our un-enumerated, unnamed God-given rights from federal encroachment.
The 9th and 10th Amendments are there to limit federal action to the Enumerated Powers - only. No more powers for the federal government, no "mission creep", is the only meaning in those two amendments. They do not contain federal protections for gay marriage, for abortion, for "transsexual" or "transspecies" rights, or for whatever fad becomes popular next year or a decade from now. They are limits on the federal government. Nothing more.
Great post — thanks!
Definitely important for ‘nuancing’ our advocacy of the 9th amendment so as to portray it correctly, and not to make it a license for overcoming the limits on government.