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To: sourcery
The Constitution doesn't, and can't, prevent every wrong.

Thanks to the Ninth and Tenth- and the whole concept of federalism in general- we have fifty states that can try fifty ways of dealing with an issue. What works best is there for all to see.

17 posted on 06/06/2005 5:45:00 PM PDT by mrsmith
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To: mrsmith

The intent of the Founders was to give both judges and juries veto power over the majority. The Ninth and Tenth Ammendments empowers a judge to obstruct the will of the majority, if the judge believes the majority is violating an individual's right to Liberty (or that the Federal government is violating a State's sovereignty.) Juries also have that power, but that arises out of the common law power of jury nullification, and does not rely on any Constitutional Ammendment.

Note that a criminal conviction requires a unanimous jury verdict. The reason is to increase the odds that the jury will nullify bad laws. The same concept applies to judicial review of a law with respect to its Constitutionality, especially with respect to the many unenumerated rights of an individual, which collectively can be understood as the general right to Liberty (which the Fifth Ammendment requires be respected by the Federal governemnt, and which the Fourteenth makes apply to the States.)


19 posted on 06/06/2005 5:56:23 PM PDT by sourcery ("Compelling State Interest" is the refuge of judicial activist traitors against the Constitution)
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