Replies

Powers not ennumerated are reserved to the states or to the people. My question isn't so much focused on the Tenth Amendment as it is that the judges find penumbras wildly emanating from the First Amendment, but not so much from the others. It would seem logical that if penumbras emanate from the First Amendment, they ought to emanate at roughly the same rate from other amendments (the Second, for instance). If I have a right of privacy courtesy of a penumbra emanating from the First Amendment, why aren't there rights respecting freedoms of all sorts to possess weapons of all sorts emanating from the Second? For that matter, if I have a constitutional right of privacy, why must I tell the IRS how much money I make or how much property I have when I die.

If, on the other hand, the judges just made up the concept of emanating penumbras, I'd have to report to the IRS, the government could limit weapon ownership, and penumbras would emanate only from those sources the judges wanted them to.