Clown Alito Gets Constitution Backwards: Ninth Amendment Says Rights Are Not Limited to Those Enumerated, Are "Retained by the People."

[munkle]

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Worry about the fate of other civil rights stem not just from the potential overturning of Roe, but the language used to justify it in the draft opinion, reportedly authored by Justice Samuel Alito with the backing of a court majority. One argument leveled against abortion in the court draft is that abortion rights are not enumerated in the Constitution, a circumstance that also could be applied to same-sex marriage and contraception, legal experts said.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

ConstitutionUS.com

The Ninth Amendment of the United States Constitution states that the federal government doesn’t own the rights that are not listed in the Constitution, but instead, they belong to citizens. This means the rights that are specified in the Constitution are not the only ones people should be limited to.

Biden should be ridiculing Alito and asking how he ever became a Supreme Court Justice. His reasoning and law is full of errors that a first year law school student wouldn't make.

He does not deserve respect as a legal scholar of either the left or the right. He's just a clown.

 

[EvilCat Breath]

Same sex marriage and contraception doesn't kill anyone. In any event, this was a first draft, I have not read it. Have you? As this draft circulated among the other justices they will certainly point out any errors.

 

[Big Bend Texas]

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Ninth Amendment


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Biden should be ridiculing Alito and asking how he ever became a Supreme Court Justice. His reasoning and law is full of errors that a first year law school student wouldn't make.

He does not deserve respect as a legal scholar of either the left or the right. He's just a clown.

They aren't enumerated and that isn't what the basis of the opinion is.

 

[ThisIsMe]

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Ninth Amendment


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Biden should be ridiculing Alito and asking how he ever became a Supreme Court Justice. His reasoning and law is full of errors that a first year law school student wouldn't make.

He does not deserve respect as a legal scholar of either the left or the right. He's just a clown.

The 9th ammendment was written to avoid the confusion that the enumerated rights might be construed to be the only rights and other rights would be surrendered.

Remember, the constitution is a limiting document, for the government, the government is supposed to only operate within the confines of what the constitution says it can.

The fact that abortion is not an enumerated right doesn't mean that overturning roe is denying you any rights, it's recognizing that the federal government does not have the power to grant, or deny the right to an abortion, and instead passes that decision to the states.

Tenth Amendment

www.law.cornell.edu

Tenth Ammendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

This is saying that, we have enumerated powers delegated as the responsibility of the federal government. Everything else is in the power of the states, or the people.

 

[munkle]

The 9th ammendment was written to avoid the confusion that the enumerated rights might be construed to be the only rights and other rights would be surrendered.

Remember, the constitution is a limiting document, for the government, the government is supposed to only operate within the confines of what the constitution says it can.

The fact that abortion is not an enumerated right doesn't mean that overturning roe is denying you any rights, it's recognizing that the federal government does not have the power to grant, or deny the right to an abortion, and instead passes that decision to the states.

Tenth Amendment

www.law.cornell.edu

Tenth Ammendment



This is saying that, we have enumerated powers delegated as the responsibility of the federal government. Everything else is in the power of the states, or the people.

Agree until "the federal government does not have the power to grant, or deny the right to an abortion"...the federal government doesn't need to grant the right to an abortion. It is implied as a non-enumerated right. You are correct the Constitution is a limiting document. It strictly outlines powers of the federal government, taxation, treaties etc. All other rights, enumerated or not, are reserved to the people.

 

[BackAgain]

Alito got it right. The federal government’s powers are limited and enumerated. Other powers of sovereignty do exist — But not for our federal government. Theirs is limited to what is enumerated. The rest are reserved to the states or to the people.

 

[ThisIsMe]

Agree until "the federal government does not have the power to grant, or deny the right to an abortion"...the federal government doesn't need to grant the right to an abortion. It is implied as a non-enumerated right. You are correct the Constitution is a limiting document. It strictly outlines powers of the federal government, taxation, treaties etc. All other rights, enumerated or not, are reserved to the people.

Precisely, so, scotus making a decision that abortion is a constitutional right is outside of the authority of the court and the government, so roe v wade would have been a bad decision.

All other rights, enumerated or not, are reserved to the people.

Correction, all powers not delegated to the federal government are reserved to the STATES and to the people. In other words, this debate shouldn't be happening on the federal level, it should be happening at the state level.

 

[munkle]

Precisely, so, scotus making a decision that abortion is a constitutional right is outside of the authority of the court and the government, so roe v wade would have been a bad decision.

Don't know how you reached that conclusion from what I wrote. Hopping up and down on one foot while playing with a yo-yo is a right not enumerated in the Constitution. One cannot say, well it's not in the Constitution that this is a right, so we can ban it. The Constitution assumes maximum liberty and you can only constrain those liberties when there is a damn good reason for it. The only reason abortion is even a debate is because it intersects common law prohibitions against killing a human being. Now you have to agree on what a human being is. This is the crux of the debate. Some say a fetus is part of the mother until birth.

 

[Stormy Daniels]

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Biden should be ridiculing Alito and asking how he ever became a Supreme Court Justice. His reasoning and law is full of errors that a first year law school student wouldn't make.

He does not deserve respect as a legal scholar of either the left or the right. He's just a clown.

And the retained part is what's at issue. A right cannot be retained if it was never possessed in the first place. Hence why the argument appeals to the idea of traditional and historical rights.

 

[ThisIsMe]

Don't know how you reached that conclusion from what I wrote. Hopping up and down on one foot while playing with a yo-yo is a right not enumerated in the Constitution. One cannot say, well it's not in the Constitution that this is a right, so we can ban it. The Constitution assumes maximum liberty and you can only constrain those liberties when there is a damn good reason for it. The only reason abortion is even a debate is because it intersects common law prohibitions against killing a human being. Now you have to agree on what a human being is. This is the crux of the debate. Some say a fetus is part of the mother until birth.

One cannot say, well it's not in the Constitution that this is a right, so we can ban it.

And Alitos opinion wasn't to ban it, but to let the states decide what to do about it.

Why do you think abortion is a right? Who decided that it was a right? Scotus? They don't have that authority, which is why they might overturn roe. Is it a right because since it's not prohibited anywhere, then it's a right? There are those that argue that a pregnant woman is carrying a human life, and that life needs to be protected, so they believe you do not have a right to abort the baby. So now we have a disagreement about the rights of the mother and the rights of the baby, and that needs to be addressed.

Scotus is just saying that they dont have the authority to make abortion a protected right, so then it goes to the states to make that decision (as per the 10th ammendment).

 

[munkle]

And Alitos opinion wasn't to ban it, but to let the states decide what to do about it.

Why do you think abortion is a right? Who decided that it was a right? Scotus? They don't have that authority, which is why they might overturn roe. Is it a right because since it's not prohibited anywhere, then it's a right? There are those that argue that a pregnant woman is carrying a human life, and that life needs to be protected, so they believe you do not have a right to abort the baby. So now we have a disagreement about the rights of the mother and the rights of the baby, and that needs to be addressed.

Scotus is just saying that they dont have the authority to make abortion a protected right, so then it goes to the states to make that decision (as per the 10th ammendment).

Everything is a right provided it is not infringing on someone else's rights. That's why mandatory vax is unconstitutional. If you want to accept a big pharma company's so called "protection" that is your right. But if you are "protected" why do you care what someone else does?

 

[jbrownson0831]

Don't know how you reached that conclusion from what I wrote. Hopping up and down on one foot while playing with a yo-yo is a right not enumerated in the Constitution. One cannot say, well it's not in the Constitution that this is a right, so we can ban it. The Constitution assumes maximum liberty and you can only constrain those liberties when there is a damn good reason for it. The only reason abortion is even a debate is because it intersects common law prohibitions against killing a human being. Now you have to agree on what a human being is. This is the crux of the debate. Some say a fetus is part of the mother until birth.

Murder is not a right of any kind.

 

[martybegan]

Agree until "the federal government does not have the power to grant, or deny the right to an abortion"...the federal government doesn't need to grant the right to an abortion. It is implied as a non-enumerated right. You are correct the Constitution is a limiting document. It strictly outlines powers of the federal government, taxation, treaties etc. All other rights, enumerated or not, are reserved to the people.

It isn't implied anywhere. Meanwhile RKBA is directly in the document and progressives LOVE to think that doesn't exist.

 

[ThisIsMe]

Everything is a right provided it is not infringing on someone else's rights. That's why mandatory vax is unconstitutional. If you want to accept a big pharma company's so called "protection" that is your right. But if you are "protected" why do you care what someone else does?

View attachment 641295

This isn't about vaccines.

Everything is a right provided it is not infringing on someone else's rights

For the most part, yes, but in this case, they are arguing for the life of a baby.

But if you are "protected" why do you care what someone else does?

Well, again, this isn't about vaccines, but in the context of abortion rights, and this goes back to people claiming it's about "controlling women". People don't care what a woman wants to do to herself, really, she can do anything she chooses to, with her body, but when there is a baby inside, some people feel they need to speak up for those who can't speak for themselves.

 

[Billiejeens]

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Biden should be ridiculing Alito and asking how he ever became a Supreme Court Justice. His reasoning and law is full of errors that a first year law school student wouldn't make.

He does not deserve respect as a legal scholar of either the left or the right. He's just a clown.

This post is idiotic.

 

[Billiejeens]

Agree until "the federal government does not have the power to grant, or deny the right to an abortion"...the federal government doesn't need to grant the right to an abortion. It is implied as a non-enumerated right. You are correct the Constitution is a limiting document. It strictly outlines powers of the federal government, taxation, treaties etc. All other rights, enumerated or not, are reserved to the people.

Such ignorance

 

[OKTexas]

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Biden should be ridiculing Alito and asking how he ever became a Supreme Court Justice. His reasoning and law is full of errors that a first year law school student wouldn't make.

He does not deserve respect as a legal scholar of either the left or the right. He's just a clown.

So you think xiden still has a grasp of the written word, aren't you the optimist. LMFAO

.

 

[OKTexas]

Agree until "the federal government does not have the power to grant, or deny the right to an abortion"...the federal government doesn't need to grant the right to an abortion. It is implied as a non-enumerated right. You are correct the Constitution is a limiting document. It strictly outlines powers of the federal government, taxation, treaties etc. All other rights, enumerated or not, are reserved to the people.

Or the States. The States can limit the right to kill another human.

.

 

[flacaltenn]

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Biden should be ridiculing Alito and asking how he ever became a Supreme Court Justice. His reasoning and law is full of errors that a first year law school student wouldn't make.

He does not deserve respect as a legal scholar of either the left or the right. He's just a clown.

He didn't get anything backwards. The Bill of Rights itself was added as a "sweetener" to get the Constitution accepted by the people. It SITS in document that EXISTS to limit "the rights" and power of the FEDERAL GOVT ONLY. That's the purpose of the Constitution.

The ENUMERATED rights in the BofRights simply lists rights that CANNOT BE TOUCHED by FEDERAL/STATE/other elected governing bodies or the courts.

UNENUMERATED rights are CLARIFIED in the 10th Amendment which insists that STATES can legislate and regulate other rights that are NOT protected in the Constitution. That's NOT for ANY COURT to act upon ON THEIR OWN without Congressional law.

And in fact, overturning ROE v WADE would give the blue states the ability to ENSURE abortion rights ALL THE WAY TO INFANTICIDE at a year after birth or more.

This is the temporary MADNESS that will exist until the PEOPLE in the various state express and opinion and force their state to hear them. THAT -- is what the SCOTUS option is to getting out of a court over-reach that MANDATES a Federal right without Congressional involvement.

 

[struth]

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Biden should be ridiculing Alito and asking how he ever became a Supreme Court Justice. His reasoning and law is full of errors that a first year law school student wouldn't make.

He does not deserve respect as a legal scholar of either the left or the right. He's just a clown.

He never said they were limited to the ones listed…did you bother to read his opinion or what he cited in it?