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To: Clint N. Suhks
You have not explained your earlier comment saying the constitution allows a retriction on human rights when rights conflict with the 10th amendment. If that's not what you meant to say just admit it and we'll let the thread dies a natrural death.
160 posted on 06/02/2003 4:11:14 PM PDT by breakem
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To: breakem
You have not explained your earlier comment saying the constitution allows a retriction on human rights when rights conflict with the 10th amendment.

The Framers intended the Constitution to be a limiting document, and the 9th and 10th Amendments describe the parameters of those limitations. The rights specified in the Constitution are NOT the only rights that citizens have (9th), and ALL the powers not specifically delegated to the federal government are reserved to the States or the people (10th).

From that body of rights and powers not given to the federal, the people and the states may at any future time delegate any of the powers, including the power to determine the extent any right may be exercised, to the federal. "Until they do that", those rights and powers remain in the hands of the people and the states for their own management. If the people wish to delegate that management to the states, they may. If to the federal, they may (through the amendment process and their state legislatures). If they wish to keep it to themselves and not to be controlled by either state or federal (such as between a woman and her doctor in the case of abortion), they may.

That is the way the assignment of power to the federal government is supposed to work. The 9th and 10th Amendments do not fix the division between specific rights and powers forever; they merely establish the dividing line at any given time, and that dividing line may be readjusted throughout the life of the republic.

161 posted on 06/02/2003 7:22:45 PM PDT by Clint N. Suhks
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