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Subject: 
Re: Santorum Fails In His Effort To Pervert The Constitution
Newsgroups: 
lugnet.off-topic.debate
Date: 
Thu, 22 Jul 2004 10:32:45 GMT
Viewed: 
1626 times
  
In lugnet.off-topic.debate, David Laswell wrote:
   In lugnet.off-topic.debate, Christopher L. Weeks wrote:

  
   Amendment IX - Construction of Constitution. Ratified 12/15/1791.

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

   That doesn’t give you the right to marry. It gives the states the right to either give or deny you the right to marry. Or to abstain from the matter altogether and let the local county and city governments deal with it.

False.

I know you’re a big states’ rights guy. Actually, I am too. But one of the things that these sections of the constitution do is spell out limitations on the federal and state governments. The supreme court has supported that the rights granted by common law are rights for Americans, though the application of and participation in the UCC (which augments and formalizes the common law) is somewhat weird. If you want to suggest things so radically divergent from common application of the law, you need to provide some kind of justification, not just your say-so.

In any case, I think it’s pretty clear to everyone (but you?) that the ninth amendment is saying that Americans citizens (not states) have a bunch of other rights that were not enumerated in the first eight amendments.

Chris



Message has 1 Reply:
  Re: Santorum Fails In His Effort To Pervert The Constitution
 
(...) Where'd you get that? I'm more concerned with whether it's constitutional for the federal government to do something than whether the states should or should not be the final authority. If the federal government wants to pass an ammendment (...) (20 years ago, 22-Jul-04, to lugnet.off-topic.debate, FTX)

Message is in Reply To:
  Re: Santorum Fails In His Effort To Pervert The Constitution
 
(...) That doesn't give you the right to marry. It gives the states the right to either give or deny you the right to marry. Or to abstain from the matter altogether and let the local county and city governments deal with it. (20 years ago, 21-Jul-04, to lugnet.off-topic.debate, FTX)

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