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

To: TimF who wrote (4158)	1/2/2017 11:16:01 AM
From: Lane3	Read Replies (1) \| Respond to of 361519

The founders didn't seem to mind including principles and justifications in the amendments that aren't specific legal requirements or prohibitions. The 9th being one example. The 9th is clear that there are rights not enumerated and that they are not to be denied. If a law is passed that I think denies me some unenumerated right and I have standing, I can file suit to get the judiciary to rule on that right. If the court rejects my claim because it thinks its job is to support only enumerated rights, then there is no point to the 9th Amendment. The 9th Amendment only makes sense if you construe it as supporting some additional but unspecified rights. I don't think the case that they were just philosophizing holds water. They had bunches of other documents in which they philosophized all over the place. If something goes in a constitution, a discrete entry, it is meant to be law. You don't take a list like the Ten Commandments and make number 9 read "it's nice that the sky is blue." I claim an inalienable right to sing off-key in the shower. If some legislature were inane enough or mean spirited enough to decree otherwise, I would expect to prevail in court.