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To: dpa5923
Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The author of this piece is an idiot.

Griswold v. Connecticut 381 U.S. 479, 529

(Stewart, J. dissenting)

"The Court also quotes the Ninth Amendment, and my Brother GOLDBERG'S concurring opinion relies heavily upon it. But to say that the Ninth Amendment has anything to do with this case is to turn somersaults with history. The Ninth Amendment, like its companion the Tenth, which this Court held "states but a truism that all is retained which has not been surrendered," United States v. Darby, 312 U.S. 100, 124 , was framed by James Madison and adopted by the States simply to make clear that the adoption of the Bill of Rights did not alter the plan that the Federal Government was to be a government of express and limited powers, and that all rights and powers not delegated to it were retained by the people and the individual States. Until today no member of this Court has ever suggested that the Ninth Amendment meant anything else, and the idea that a federal court could ever use the Ninth Amendment to annual a law passed by the elected representatives of the people of the State of Connecticut would have caused James Madison no little wonder."

109 posted on 01/15/2006 2:25:54 PM PST by Tarkin (Janice Rogers Brown for President!)
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To: Tarkin

A right need not be listed in some document in order to exist.


120 posted on 01/15/2006 2:56:03 PM PST by dpa5923 (Small minds talk about people, normal minds talk about events, great minds talk about ideas.)
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