beretta304
Rookie
- Banned
- #21
Both the Ninth and Tenth Amendments mean that the federal government cannot do what it was not authorized by the U.S. Constitution to do.
Well, that's simple enough. So it's unconstitutional to prohibit abortion, drug use, or have federal laws about marriage. Thanks for clearing that up.
Cherry pick much? Context, my friend.
Both the Ninth and Tenth Amendments mean that the federal government cannot do what it was not authorized by the U.S. Constitution to do. The people who proposed and ratified the Constitution (before any amendments were proposed) granted to the federal government only certain powers. The reason that "the people" "retain" rights that the Constitution does not mention is because the powers of the federal government are limited. "All is retained which has not been surrendered." When a person is challenging a federal law and making the claim that the law violates his/her "rights," that person does not have to prove that the "right" they are talking about is a right mentioned by the Constitution. The burden is on the federal government to prove that it does have authority to make that law.
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