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“The footnote states that there is a “presumption of Constitutionality” given to federal laws unless a right enumerated in the first ten amendments is at issue.”

This is the heart of our screwed up jurisprudence. Rather than force the government to show its legislation or more probably, agency rule is constitutional, the plaintiffs are forced to show it is not. The deck is stacked from the git go against our Natural Rights. There is more than just forced participation in health insurance that is at issue in Obamacare. It is a dagger pointed at the heart of our God given liberties.

I highly recommend Randy Barnett's analysis of the Ninth to all Freepers. http://www.randybarnett.com/rightsbypeople.html