[Viva Le Dissention]

The Ninth Amendment was a constraint on the federal government , not a license for the federal courts, the third branch of the federal government, to make laws.

You're arguing my first point--that the 9th Amendment is essentially the same as the 10th. I find it very difficult to believe the Founders would include a superfluous amendment, so I don't buy that explanation.

[jwalsh07]

You're arguing my first point--that the 9th Amendment is essentially the same as the 10th.

No, they overlap but are not essentially the same. They both place constraints on the federal government while the Tenth Amendment acknolwedges powers that are the states. Big difference unless you're a central government kind of guy.

I find it very difficult to believe the Founders would include a superfluous amendment, so I don't buy that explanation.

I'm not selling anything, just the facts Ma'am just the facts, as Joe Friday was wont to say.

It wasn't superfluous in their minds. The Anti Federalists feared an all powerful Central Government. They were prescient. LOL