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To: Texas Federalist
You misunderstand me.

"You are thinking of the term "assigned into the hands of the General Government" as meaning it is the Government's duty to define and protect those rights. It does not mean that at all. "

If Randy had his way it would, exactly!

The precise implication of this article is that federal judges should define and protect our unenumerated rights (Libertarianly, of course)- how much more could they be in the government's hands?
What more power over our unenumerated rights could the government possibly have than to define for itself what they are?

Madison's intent with the Ninth was that the courts would instead have to recognize unenumerated rights which were retained by the people.

19 posted on 06/07/2004 4:02:01 PM PDT by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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To: mrsmith
Madison's intent with the Ninth was that the courts would instead have to recognize unenumerated rights which were retained by the people.

I agree. But that is exactly what Randy is advocating: the judicial recognition of those rights a consequence of which is that no branch of government may infring upon those rights. The legislature must not pass a bill that infringes on an unenumerated right, the president must not sign into law a bill that infringes on an unenumerated right, and the judiciary must not enforce a law that infringes on an unenumerated right.

21 posted on 06/07/2004 4:11:57 PM PDT by Texas Federalist
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