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Subject: 
Re: Santorum Fails In His Effort To Pervert The Constitution
Newsgroups: 
lugnet.off-topic.debate
Date: 
Mon, 2 Aug 2004 13:10:08 GMT
Viewed: 
2822 times
  
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



Message has 1 Reply:
  Re: Santorum Fails In His Effort To Pervert The Constitution
 
(...) Prior to 1965, the 9th Amendment was not used to restrict the states from excercising their 10th Amendment rights. At that point, it was used to safeguard the privacy of one's home, but subsequent citations of the 9th Amendment have shown that (...) (20 years ago, 3-Aug-04, to lugnet.off-topic.debate)

Message is in Reply To:
  Re: Santorum Fails In His Effort To Pervert The Constitution
 
(...) Dude, you've flat out told me to stay out of discussions where I've had more authority to participate than you, or where the only person who really had authority to answer was known to be incommunicado at that time. You may not be seeing (...) (20 years ago, 31-Jul-04, to lugnet.off-topic.debate)

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