Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Politics : The Trump Presidency -- Ignore unavailable to you. Want to Upgrade?

To: Lane3 who wrote (4120)	1/1/2017 1:56:07 PM
From: TimF	Read Replies (1) \| Respond to of 359689

Interpreting the 9th and 10th any other way doesn't give you any legal/constitutional guide as to what is protected. When you unenumerated rights you not only have different opinions as to what the rights are but you can have contradictory opinions where what would be seen as protecting rights by some would be seen as violating rights (or at least allowing for the violation of rights) by others. I suppose you could limit it to rights where these is a strong durable consensus, but that just doesn't seem like much of a concrete coherent and easily applicable constitutional theory to me. And just with the words of the amendments themselves - The 9th seems to be saying that something should not be denied as a right just because it isn't enumerated by the constitution, but it doesn't say anything about the constitution requiring protection of those rights (or what those rights are) The 10th might be interpreted as protecting unenumerated rights, but it would seem only from the feds. Also it would protect such rights only indirectly. It limits federal power to specific enumerated powers (a fact too often ignored or bypassed by all branches of the federal government), but it doesn't provide for any limitations against the states (which isn't saying there are no limits on the states, just that they don't come from this amendment), and it doesn't directly protect any rights, just denies the feds much of the powers that they could use to violate rights.