Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: neverdem
"No one has ever described the Constitution as a marvel of clarity, and the Second Amendment is perhaps one of the worst drafted of all its provisions," noted Sanford Levinson of the University of Texas at Austin School of Law in 1989 in "The Embarrassing Second Amendment" in the Yale Law Journal.

On the contrary, the 2nd Amendment is clear. It's the 9th, 10th, and 14th that are harder to interpret.

117 posted on 06/05/2006 2:24:29 PM PDT by x
[ Post Reply | Private Reply | To 1 | View Replies ]


To: x
"On the contrary, the 2nd Amendment is clear. It's the 9th, 10th, and 14th that are harder to interpret."

I agree, but if you wouldn't mind I'd like to narrow that a bit further.

It really is the 9th Amendment that is difficult to interpret. You certainly have reason to bring the 10th and 14th amendments into the picture here, given that so many path-breaking decisions of the Supreme Court over the past several decades have used those two as justification for rulings handed down. But have any recent cases of note clarified the 9th Amendment? It's there, so it must have meaning, but I don't recall any significant cases which used it.
122 posted on 06/05/2006 2:35:45 PM PDT by StJacques
[ Post Reply | Private Reply | To 117 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson