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To: antiRepublicrat
There is some latitude on that end due to the 9th Amendment, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." If a court "creates" new rights, it can be said to simply be recognizing a non-enumerated right as stated in the Constitution.

That sounds like a potential slippery slope to severe abuse. So if the courts decides that Americans have the right to being handed $1 Million at age 18 and it was a previously non-enumerated right that does seem like an abuse and overreach of power...at least in my eyes.

But the subject that first came to mind was gay marriage. The progressive argument is that Americans have a right to marry any person the want and argue that by denying that one is restricting the rights of others. The problem is, firstly, that is not the definition of marriage. What liberals want to do is change the definition of marriage. Secondly, heterosexuals do not have the right to marry anyone they want either. They can not marry someone of the opposite sex, they can not marry their children, they can not marry multiple individuals, they can not marry an animal. If the basis for marriage is changes to being able to marry any mate one wants then all these alternatives must also be allowed because the basis of marriage will then depend only upon marrying anyone one wishes. This is a "right" that has been voted down myriads of times now but in several states has been created as a right by judicial fiat.

15 posted on 04/21/2009 5:56:30 AM PDT by highlander_UW (The only difference between the MSM and the DNC is the MSM sells ad space in their propaganda)
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To: highlander_UW

It is subject to abuse, but IMHO it is necessary in order to protect our rights. The main opposition to the Bill of Rights was that it could be construed to be all of our rights, thus th 9th Amendment.


23 posted on 04/21/2009 6:35:07 AM PDT by antiRepublicrat
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To: highlander_UW
"The progressive argument"

I consider few of the left's arguments progress - certainly not gay "marriage". It seems more regression into a dissolution of civilization to me. I refuse to use the word "progressive" to describe the left.

82 posted on 04/21/2009 2:36:21 PM PDT by RonF
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