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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    here we go with natural rights

    even your own ally conceded rights are abstractions. he said the abstractions did not just fall out of the sky. something to contemplate when you speak of abstractions being natural as if they have fallen out of the sky from some Great White father in the beyond

    all absolutists are absolutely insane
     
  2. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    In which case we’re all in agreement: the Constitution recognizes citizens’ rights both expressed and implied, just as the Constitution recognizes powers of government both expressed and implied – as neither the rights of citizens nor the authority of government are ‘finite,’ where Constitutional jurisprudence as determined by the courts places limits on government to restrict citizens’ rights that although inalienable, are not absolute.

    Consequently there in fact exists a right to privacy, a right to marry, a right to vote, and a right of individuals to possess firearms pursuant to right of self-defense – rights not ‘enumerated’ in the Constitution, but rights that exist nonetheless, consistent with the intent of the Ninth Amendment.
     
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  3. Sun Devil 92
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    Sun Devil 92 Gold Member

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    Whether that be the case or not, the big disagreement exists around how those rights are identified and made available.

    The SCOTUS "finding" them hiding in the shaddows and then using them to justify certain judicial positions is not something many of us agree with.

    Nobody found a womens right to vote and said it had to be so.....

    It recognized and accepted by the people.

    To think they can suddenly show themselves and be enforced is simply horsecrap.
     
  4. Sun Devil 92
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    Sun Devil 92 Gold Member

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    While I appreciate Kennedy's very clear description of how he sees things (and that is, of course, very important, given his position on the SCOTUS), nothing is every really settled.

    Hence the reverse of what he says is also true. Laws that didn't exist at one time may be needed depending on the "truths" of the day.

    Those liberties also include the liberty to protect ourselves from that which we feel is dangerous.

    What is unfortunate is that the court has gotten into the business of trying to decide that on their own.
     
  5. Sun Devil 92
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    Sun Devil 92 Gold Member

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    The very process we now pursue in the selection and confirmation of SCOTUS judges is a testament to the lack of alignment we have as a society (or societies as the case may be).
     
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  6. Dante
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    Dante On leave Supporting Member

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    Oh! Now you say the government is in charge of making rights available?
     
  7. Dante
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    Dante On leave Supporting Member

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    On their own? not true

    The Court is always ASKED to step in
     
  8. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    You disagree with it because it conflicts with your subjective, errant partisan dogma, not for reasons based on the Constitution and its case law.

    The right to privacy, the right to marry, the right to vote, and the right to self-defense have always existed, neither 'found' nor 'created' by the Supreme Court, where the people have always acknowledged these rights, and used these rights to defend their protected liberties from government excess and overreach, with the Supreme Court confirming the rights of the people in the context of the Constitution and its case law, rights neither 'enumerated' or 'finite.'
     
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  9. Billo_Really
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    Billo_Really Litre of the Band

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    There's a lot of people at this board who bear false witnesses.

    In fact, many people in this very own threa..........um............uh.............

    .....oh, you said "amendment".

    Sorry, my bad.
     
  10. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    Again, the Court is not 'deciding anything on its own.'

    The people decide, the people petition the courts for a redress of grievances, the people seek relief from government excess and overreach in the courts, invoking the principles of freedom and justice enshrined in the Constitution and its case law intended by the Framers to safeguard citizens' protected liberties.

    The people created the Constitution, the Bill of Rights, and the Ninth Amendment, the Supreme Court is following the will of the people as expressed in the Founding Document.
     

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