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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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To: Tarkin
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:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

The 1A specifically limits the powers of the Federal Government but does nolikeweise limit the states.

The text of the 2A and most others does not narrowly limit powers but widely limits powers of the state, including the several states and the fedguv.

Why doesn't the 2A read:

'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed by Congress.'

235 posted on 01/16/2006 9:24:57 AM PST by jwalsh07
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To: Tarkin
The Federal Government wanted to make sure that New States coming in would have Basic Rights.

The Original States all wrote (as they were instructed) their Constitutions PRIOR TO the Federal Constitution. They generally contain all those same rights and in fact, in some cases, the rights are "better stated".

You can go to Avalon.com to read most of them.

242 posted on 01/16/2006 10:02:36 AM PST by Sacajaweau (God Bless Our Troops!!)
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