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To: Tarkin
Are there any individual rights enumerated in the Bill of Rights?

And if there aren't just what the heck is the meaning of the ninth amenmdent when it states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

181 posted on 01/15/2006 4:47:20 PM PST by jwalsh07
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To: jwalsh07
Are there any individual rights enumerated in the Bill of Rights?

Yes, actually all of the first VIII Amendments contain "individual rights" but without the XIV Amendment (and the incorporation doctrine) they only protect you against the federal government.As to the IX Amendment:

Griswold v. Connecticut, 381 U.S. 479, 529-530, Stewart, J., dissenting

"The IX 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."

214 posted on 01/16/2006 12:17:36 AM PST by Tarkin (Janice Rogers Brown for President!)
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