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Politics : The Trump Presidency
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To: TimF who wrote (4251)1/2/2017 2:35:38 PM
From: Lane3  Read Replies (1) of 362069
 
The point of the 9th is very slightly similar to the point of the milita clause.

The militia clause is a clause. The 9th is a whole amendment. They might have thrown in a clause for background but not a whole amendment.

If a legitimate claim of right is put forth it should not be dismissed because it isn't protected by the constitution, but to be protected by the constitution an amendment would be required. Alternatively it could be protected by legislation...

If the 9th weren't there, a right could still be legislated. There's no reason for the framers to tell the legislature than it can legislate. They legislated the Civil Rights Act, after all.

I don't see why it matters so much to you whether a right is statutory or in the Constitution. Sure, the latter is stronger than the former because it would be harder to reneg but the right is no "rightier" while in play.

As I have said before, I fully appreciate your concern about positive rights but I don't understand why you are so niggardly about the basic negative rights of human dignity supposedly accorded to everyone. That's not the same thing as expanding the commerce clause. Health insurance and wheat, while I agree with you that they are wrongheaded, are well beyond the elements of personal autonomy that I described. Telling someone he can't grow wheat is well beyond telling him he can't marry his cousin or shave his head. The latter is none of anyone else's business, particularly the government's.
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