The Ninth Amendment

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

  1. Sun Devil 92
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    Sun Devil 92 Gold Member

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    I should be clear...I want abortion to be legal.

    But, to your point, "the government" is the federal government.

    It was the kind of abra-cada-bra "right creation" the founders sought to avoid.

    The "rights" found in the Bill of Rights are generally negative rights. Things the federal government could not take from you.

    The idea that the federal government is going to suddenly start finding rights you had but didn't have is simply stupid.

    I am sure the women who tried to vote and couldn't before 1913 were all over them. Funny thing was...nobody acknowledged them until they were codified using a specific process.

    Now...the process is...reach up your rear and Viola !!!
     
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  2. Sun Devil 92
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    Sun Devil 92 Gold Member

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    And, of course, anyone who thinks differently than CJ and Dante is "misguided"...after all the SCOTUS (in this case Kennedy) said so.

    Here is what Douglas supposedly said.....

    At the constitutional level where we work, 90 percent of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections.
    Read more at William O. Douglas Quotes at BrainyQuote

    I find that astounding (if he really said it). I wasn't even aware of it....
     
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  3. Sun Devil 92
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    Sun Devil 92 Gold Member

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    Wiki (yes, I know).....has a comment...:

    In general, legal scholars have noted that Douglas' judicial style was unusual in that he did not attempt to elaborate justifications for his judicial positions on the basis of text, history, or precedent. Douglas was known for writing short, pithy opinions which relied on philosophical insights, observations about current politics, and literature, as much as more conventional "judicial" sources. Ultimately, he believed that a judge's role was "not neutral." "The Constitution is not neutral. It was designed to take the government off the backs of the people...."[14]

    I recall this and only bring it up because of the statement around no attempt to justify his decisions.

    I mean...com'on.....

    I wonder if Douglas or any of his "enlightened" partners would see Roberts screw up on Obamacare as taking government off the backs of the people ?
     
  4. Dante
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    Dante On leave Supporting Member

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    :clap2:

    the ideological dogma of the right wing has them disregarding science and common sense
     
  5. Dante
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    Dante On leave Supporting Member

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    more ideological bs

    why not as an honest example quote Kennedy and Scalia and all of their crazy statements that are challenged by common sense? Play dueling quotes with yourself
     
  6. Dante
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    Dante On leave Supporting Member

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    and in a fuller context you've been arguing that the government gets to say whether there is a right to privacy that covers abortions, and covers marriage between same sex couples...you want the government to say whether those rights exist and are available
     
  7. Dante
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    Dante On leave Supporting Member

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    Just a bit of history because some people are always claiming the Court wanted to legislate here...

    Coming to the merits, we are met with a wide range of questions that implicate the Due Process Clause of the Fourteenth Amendment. Overtones of some arguments suggest that Lochner v. New York, 198 U.S. 45, should be our guide. But we decline that invitation. We do not sit as a super-legislature to determine the wisdom, need, and propriety of laws that touch economic problems, business affairs, or social conditions. This law, however, operates directly on an intimate relation of husband and wife and their physician's role in one aspect of that relation.

    The association of people is not mentioned in the Constitution nor in the Bill of Rights. The right to educate a child in a school of the parents' choice - whether public or private or parochial - is also not mentioned. Nor is the right to study any particular subject or any foreign language. Yet the First Amendment has been construed to include certain of those rights.


    Griswold vs Connecticut
     
  8. Dante
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    Dante On leave Supporting Member

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    The 9th Amendment
    The Ninth Amendment (Amendment IX) to the United States Constitution, which is part of the Bill of Rights, addresses rights, retained by the people, that are not specifically enumerated in the Constitution.
     
  9. Sun Devil 92
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    Sun Devil 92 Gold Member

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    I guess is didn't realize you were CJ's lapdog.

    Nice to know.
     
  10. Sun Devil 92
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    Sun Devil 92 Gold Member

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    Cute.....

    Suvey says.....BULLCRAP....

    Awwwwww.......
     

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