[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

[Viva Le Dissention]

At least you admit they overlap.

So then tell me the differences, then. If you come at it from your perspective, they are the same thing, and that just plain doesn't make sense.

There's a reason why there aren't any true "textualists." This is just one of them. There are too many conflicts and too many unanswered questions.

[WOSG]

"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."

He seems to be a centralized Judicial Imperial Government kind of guy. :-} ... hmm, kind of like what they have in Iran, without the turbans.