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To: sourcery
"... It is by this mechanism that the Fourteenth indirectly incorporates the Ninth and Tenth. "

No, but "penumbras and emanations" may put the Ninth and Tenth into the Fourteenth one day if the liberals have their way.

It's very hard for libertarians to "get" the Ninth amendment. It helps to consider that the Ninth and Tenth protect "majoritarian" rights as well as individual rights from the federal government.

It is for the people to say what other rights they have- and for the federal courts to listen. Passage of state laws is one way the people define their rights. Tradition is another.

14 posted on 06/06/2005 5:16:58 PM PDT by mrsmith
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To: mrsmith
It helps to consider that the Ninth and Tenth protect "majoritarian" rights as well as individual rights from the federal government.

Majorities have no rights that any individual does not also have. Majority vote cannot convert a wrong into a right. It's just as wrong for 200,000,000 million people to enslave you as it is for your next door neighbor alone.

16 posted on 06/06/2005 5:34:25 PM PDT by sourcery ("Compelling State Interest" is the refuge of judicial activist traitors against the Constitution)
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