Subject:
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Re: Santorum Fails In His Effort To Pervert The Constitution
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Mon, 2 Aug 2004 13:10:08 GMT
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Viewed:
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3236 times
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In lugnet.off-topic.debate, David Laswell wrote:
> In lugnet.off-topic.debate, Larry Pieniazek wrote:
> > > Your rights as an individual are protected only by what is specifically
> > > mentioned (or at least inferred) by the US constitution.
> >
> > No again, The rights of the individual are not limited to those mentioned or
> > inferred. The 9th specifically addresses this point.
>
> But the 9th Amendment doesn't prevent those unmentioned rights from being taken
> away at the state level by the 10th Amendment. It just means you can't be
> arrested for doing something that has not been defined as a crime. Your rights
> to free religion, free speech, free press, etc. are protected from revokation at
> the state level by the Bill of Rights. Your right to own a car is not.
I guess it depends on who you think gets to interpret the constitution and
define our rights. The Supreme Court has at least sometimes supported the
understanding that Larry and I share (I think), that the 9th is an umbrella for
all rights understood under common law. Which means that the state can't e.g.
strip you of the right to own a car.
Chris
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