The Ninth Amendment

Discussion in 'Judicial Interpretation' started by Dante, Dec 26, 2014.

  1. Dante
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    Dante On leave Supporting Member

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    The Ninth Amendment

    The Ninth Amendment has generally been regarded by the courts as negating any expansion of governmental power on account of the enumeration of rights in the Constitution, but the Amendment has not been regarded as further limiting governmental power. The U.S. Supreme Court explained this, in U.S. Public Workers v. Mitchell 330 U.S. 75 (1947): "If granted power is found, necessarily the objection of invasion of those rights, reserved by the Ninth and Tenth Amendments, must fail."

    The Supreme Court held in Barron v. Baltimore (1833) that the Amendment was enforceable by the federal courts only against the federal government, and not against the states. Thus, the Ninth Amendment originally applied only to the federal government, which is a government of enumerated powers.
    - Ninth Amendment to the United States Constitution - Wikipedia the free encyclopedia

    On the first day of his Supreme Court confirmation testimony, Robert Bork described teaching a constitutional theory seminar at Yale Law School in which he tried to justify what he called "a general right of freedom" 1 from the various provisions of the Constitution. He recalled that Alexander Bickel, with whom he taught the course, "fought me every step of the way; said it was not possible. At the end of six or seven years, I decided he was right."
    - 26 Val L Rev 419

    Civil Liberties
    Basic Books / By Daniel A. Farber

    'Silent' Ninth Amendment Gives Americans Rights They Don't Know They Have
    The Ninth Amendment bears directly on abortion, the right to die and gay rights.

    Silent Ninth Amendment Gives Americans Rights They Don t Know They Have Alternet
     
  2. Tom Sweetnam
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    Tom Sweetnam Platinum Member

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    How malleable do you think our Constitution should be? People who prattle on about rights seem to think such abstractions just fell out of the sky. They didn't. They were born with the business end of muskets. So was our nation. Just what rights are they, to which you're you attempting to allude?
     
  3. Dante
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    Dante On leave Supporting Member

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    Abstractions:
    "something that exists only as an idea." - do you agree with the definition Tom Sweetnam ?

    Many of the ideas behind rights were born before Englishmen landed on the shores of North America, when muskets had not yet been invented. Our nation was born out of a rebellion; the Colonials demanded more direct and local representation.

    What rights did the people who framed and ratified the US Constitution think existed?

    Amendment IX
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.​
     
  4. Tom Sweetnam
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    Tom Sweetnam Platinum Member

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    You're still being awfully vague. Go on, spit it out.
     
  5. Dante
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    Dante On leave Supporting Member

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    Why can't you answer the question?

    What rights did the people who framed and ratified the US Constitution think existed?
     
  6. legaleagle_45
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    legaleagle_45 Silver Member

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    No mention of Hamilton's Federalist #84 or the correspondence between Jefferson and Madison concerning a Bill of Rights?
     
  7. Sun Devil 92
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    Sun Devil 92 Gold Member

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    As many as they care to identify.

    Often they referred to "natural rights".
     
  8. Dante
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    Dante On leave Supporting Member

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    Tom Sweetnam Sun Devil 92
    Really? Do you think a majority of people would have had to agree or could a single person have asserted "I have this right!" ???
     
  9. Sun Devil 92
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    Sun Devil 92 Gold Member

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    First....you need a definition of what a "right" is...as opposed to special consideration or privilege.

    Then, I would imagine there would be some process for identifying it.

    The one thing I don't agree with is the Supreme Court somehow "finding" them.

    I may agree that privacy is a right...but, I don't agree that they get to call it one when it wasn't one before.
     
  10. Sun Devil 92
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    Sun Devil 92 Gold Member

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    I believe (from memory) that they were concerned with trying to make a list.

    They felt that if they missed something...it would be interpreted as not existing and not being able to exist.

    Hence they only outlined the powers of the Federal Government and restrictions upon it.
     
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