The2ndAmendment
Gold Member
The Ninth Amendment has four important functions:
I. It functions as an educational tool, whose information cannot be hidden from the public.
II. It functions to prevent government from invalidating a ruling by either a jury or lower court through strict interpretation of the Bill of Rights.
III. It functions to define Judicial Tyranny, limiting the power of judicial review (in conjunction with the 10th Amendment).
IV. To define and encourage Judicial Activism, assuming it does not fall under the category of Judicial Tyranny.
Function 1:
The first function of the Ninth Amendment is to serve as an Educational amendment, in order to instruct the citizens of the United States that our rights, especially those that are enumerated, are bestowed upon us by birth --- that government can neither create nor bestow rights --- that the Government is a punisher, that punishes via the denial or disparagement of our rights; that the government at its very best is but a necessary evil.
This particular function has NO meaning in a judicial process, it simply serves as a reminder to all citizens that any politician that preaches or espouses the idea of "Government created rights," or other Statist philosophies, is a politician who is rotten to the core. It would make for a great attack ad, because it would either force the defending politician the renounce Natural Rights, or spin an overtly contradictory web of "justifications" to "clarify" their remarks.
Function 2:
The second function of the Ninth Amendment prevents a higher level of authority from invalidating a decision by a jury through a strict interpretation of the Bill of Rights.
For instance, suppose that a factory was producing massive amounts of toxic air pollution, the jury could rule against the factory by saying:
"We the jury find that every man has the right of Life, and as such, the right to breathe. We have determined that the air toxicity has infringed upon the people's right to breathe, and thus their right to life. This is in accordance and in the spirit of the Ninth Amendment of the United States Constitution."
Thus the judge would be unable to invoke a "Judgment notwithstanding the verdict," to acquit the factory (unless he can prove the evidence for air toxicity was extremely faulty), forming a bulwark against judicial cronyism.
Function 3:
Although the Constitution allows judicial review*** via Jury Nullification or through a decision made by a judge (or judges), the practice of judicial review is restrained by the combination of Ninth Amendment and Tenth Amendment, which come together to define the practice of Judicial Tyranny.
Judicial Tyranny is defined as any ruling by either a judge(s) or jury that:
1. Limits the rights of citizens.
2. Limits the rights of States vs the Federal Government.
3. Expands the power of the federal government over the States or citizens.
4. Expands the powers of the State government over the citizens.
The only way our Constitution allows the rights of citizens to be delimited, or of States, or of the Federal government; or an expansion of State power, or an expansion of Federal power, is by Amending the Constitution in adherence to Article V of the Constitution.
IV.
The final function is to establish under which circumstances that Judicial Review can act as positive force, and what exactly are the boundaries and jurisdiction of the Judicial Review process, we will call this positive form of Judicial Review to be Judicial Activism.
Judicial Activism is defined as any ruling by either a judge(s) or jury that:
1. Is not an act of Judicial Tyranny
2. Expands the rights of citizens without abridging or nullifying the enumerated powers of either the State or Federal governments.
3. Expands the rights of States, without abridging or nullifying the enumerated powers of the Federal Government.
4. Does not serve to legislate Common Law.
*** Is judicial review allowed?
Excerpt from Article III, Section 1:
"The judicial power of the United States, shall be vested in one Supreme Court."
Excerpt from Article III, Section 2:
""The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority."
Excerpt 1 + Excerpt 2 = Judicial Review is allowed through either Jury Nullification or a court ruling, with the Supreme Court having the ultimate authority, unless a defendant is found NOT GUILTY by a Jury, as the Sixth Amendment bars any judge from overturning a NOT GUILTY verdict.
Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ...
The word "enjoy" means that although a GUILTY verdict can be overturned (under extreme lack of evidence), a NOT GUILTY verdict can NEVER be overturned, not even by the Supreme Court.
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Overall, the Ninth Amendment cements the Libertarian foundation of our Constitution, and our Founding Fathers (and the State legislatures) ratified this Amendment into the Bill of Rights so these Libertarian ideas could not be HIDDEN from the public by future tyrants, who would try to promote Statism.
The plutocratic elite that dominates the United States (primarily through the privately owned Federal Reserve) has done an excellent job in fooling the citizens to succumb to the idea of Government created Privileges, instead of Naturally Endowed Rights; in fact, they've done such a good job, that practically any google search will yield a result informing you that the Ninth Amendment is irrelevant. Do you really think our Founding Fathers (given all the disagreements among themselves) and the State Legislatures went through all that trouble to ratify a useless Amendment? Do not be fooled, the Ninth Amendment is the very foundation of our Constitution!
So if any individual, group, organization or corporation attempts to promote Statism, remember that your Legal and Moral Bulwark against these Authoritarians is the Ninth Amendment.
I. It functions as an educational tool, whose information cannot be hidden from the public.
II. It functions to prevent government from invalidating a ruling by either a jury or lower court through strict interpretation of the Bill of Rights.
III. It functions to define Judicial Tyranny, limiting the power of judicial review (in conjunction with the 10th Amendment).
IV. To define and encourage Judicial Activism, assuming it does not fall under the category of Judicial Tyranny.
Function 1:
The first function of the Ninth Amendment is to serve as an Educational amendment, in order to instruct the citizens of the United States that our rights, especially those that are enumerated, are bestowed upon us by birth --- that government can neither create nor bestow rights --- that the Government is a punisher, that punishes via the denial or disparagement of our rights; that the government at its very best is but a necessary evil.
This particular function has NO meaning in a judicial process, it simply serves as a reminder to all citizens that any politician that preaches or espouses the idea of "Government created rights," or other Statist philosophies, is a politician who is rotten to the core. It would make for a great attack ad, because it would either force the defending politician the renounce Natural Rights, or spin an overtly contradictory web of "justifications" to "clarify" their remarks.
Function 2:
The second function of the Ninth Amendment prevents a higher level of authority from invalidating a decision by a jury through a strict interpretation of the Bill of Rights.
For instance, suppose that a factory was producing massive amounts of toxic air pollution, the jury could rule against the factory by saying:
"We the jury find that every man has the right of Life, and as such, the right to breathe. We have determined that the air toxicity has infringed upon the people's right to breathe, and thus their right to life. This is in accordance and in the spirit of the Ninth Amendment of the United States Constitution."
Thus the judge would be unable to invoke a "Judgment notwithstanding the verdict," to acquit the factory (unless he can prove the evidence for air toxicity was extremely faulty), forming a bulwark against judicial cronyism.
Function 3:
Although the Constitution allows judicial review*** via Jury Nullification or through a decision made by a judge (or judges), the practice of judicial review is restrained by the combination of Ninth Amendment and Tenth Amendment, which come together to define the practice of Judicial Tyranny.
Judicial Tyranny is defined as any ruling by either a judge(s) or jury that:
1. Limits the rights of citizens.
2. Limits the rights of States vs the Federal Government.
3. Expands the power of the federal government over the States or citizens.
4. Expands the powers of the State government over the citizens.
The only way our Constitution allows the rights of citizens to be delimited, or of States, or of the Federal government; or an expansion of State power, or an expansion of Federal power, is by Amending the Constitution in adherence to Article V of the Constitution.
IV.
The final function is to establish under which circumstances that Judicial Review can act as positive force, and what exactly are the boundaries and jurisdiction of the Judicial Review process, we will call this positive form of Judicial Review to be Judicial Activism.
Judicial Activism is defined as any ruling by either a judge(s) or jury that:
1. Is not an act of Judicial Tyranny
2. Expands the rights of citizens without abridging or nullifying the enumerated powers of either the State or Federal governments.
3. Expands the rights of States, without abridging or nullifying the enumerated powers of the Federal Government.
4. Does not serve to legislate Common Law.
*** Is judicial review allowed?
Excerpt from Article III, Section 1:
"The judicial power of the United States, shall be vested in one Supreme Court."
Excerpt from Article III, Section 2:
""The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority."
Excerpt 1 + Excerpt 2 = Judicial Review is allowed through either Jury Nullification or a court ruling, with the Supreme Court having the ultimate authority, unless a defendant is found NOT GUILTY by a Jury, as the Sixth Amendment bars any judge from overturning a NOT GUILTY verdict.
Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ...
The word "enjoy" means that although a GUILTY verdict can be overturned (under extreme lack of evidence), a NOT GUILTY verdict can NEVER be overturned, not even by the Supreme Court.
------------------------------------------------------------
------------------------------------------------------------
Overall, the Ninth Amendment cements the Libertarian foundation of our Constitution, and our Founding Fathers (and the State legislatures) ratified this Amendment into the Bill of Rights so these Libertarian ideas could not be HIDDEN from the public by future tyrants, who would try to promote Statism.
The plutocratic elite that dominates the United States (primarily through the privately owned Federal Reserve) has done an excellent job in fooling the citizens to succumb to the idea of Government created Privileges, instead of Naturally Endowed Rights; in fact, they've done such a good job, that practically any google search will yield a result informing you that the Ninth Amendment is irrelevant. Do you really think our Founding Fathers (given all the disagreements among themselves) and the State Legislatures went through all that trouble to ratify a useless Amendment? Do not be fooled, the Ninth Amendment is the very foundation of our Constitution!
So if any individual, group, organization or corporation attempts to promote Statism, remember that your Legal and Moral Bulwark against these Authoritarians is the Ninth Amendment.
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