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

To: Triple
One only has the rights enumerated by the Constitution. Those rights not so enumerated, we left to the States. I believe the 10th Amendment deals with that.

I admit that was not my most artful job of paraphrasing. The point is, of course, that the State Government retains the authority to address those rights not enumerated. That is to say, those that are not enumerated are left for the states, i.e. the people. (That doesn't mean you the people don't have them, it means that you the people -- at the state level -- may self-govern).

Amendment IX, as you well know, was put in there in fear that merely listing certain rights would leave future governments to assert that such enumerated rights are the only rights to which people are entitled. A valid concern.

Amendments 9 & 10 contemplate that nonenumerated rights are rights of the people to decide for themselves through their elected local government what other rights they have, and how they are to be administered. (By the way, Amendments 9&10 are the reasons why abortion is not Constitutional, but also not unconstitutional. It is a right on which the Constitution is silent, and therefore it is the province of the individual States -- Scalia subscribes to this correct theory, and he has read these Amendments even more than you and me!)

As for properly quoting the Amendments, it is better to understand them, then to merely be able to quote them. I hope this clears up any confusion you may have from my earlier post.

129 posted on 10/15/2002 11:49:37 AM PDT by Iron Eagle
[ Post Reply | Private Reply | To 117 | View Replies ]


To: Iron Eagle
"The point is, of course, that the State Government retains the authority to address those rights not enumerated." - Iron Eagle post #129

I suggest you re-read Amendment IX.
You still don't 'get it'

(Hint - rights cannot be legislated away, not by the states or the federal government.)

138 posted on 10/15/2002 12:33:07 PM PDT by Triple
[ Post Reply | Private Reply | To 129 | View Replies ]

To: Iron Eagle
You are an attorney?

Forgive me, but attorneys should know the actual language of the constitution - backwards and forwards.

Astonished.

139 posted on 10/15/2002 12:35:47 PM PDT by Triple
[ Post Reply | Private Reply | To 129 | 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