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Politics : US CONSTITUTION - What It Actually Says

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To: Bill who wrote (23)2/20/2006 5:52:05 PM
From: TimF  Read Replies (1) of 87
 
I'm not sure how something can be against the 9th amendment.

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

What prohibition or requirement is found in that sentence? I don't see any. Its a declaration that just because something is not a constitutionally protected right, that doesn't mean it isn't a natural right, but it doesn't take any of these natural rights and turn them in to constitutionally protected rights.

As to the violation of the 1st, 3rd and/or 4th by the law that was struck down in Griswold that claim seems highly dubious. I agree with Stewart's dissent in Griswold. It seems to me the rest of the court wanted a certain result, one that in this case I would probably share, and they then tried to "discover" (really more invent than discover) ideas supposedly in the constitution so that they could force the result they wanted.

Tim
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