It's the dreaded 9th!!!! amendment (user search)
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  It's the dreaded 9th!!!! amendment (search mode)
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Author Topic: It's the dreaded 9th!!!! amendment  (Read 10632 times)
A18
Atlas Star
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Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« on: November 04, 2005, 09:50:01 PM »

LOL. JFraud is back to not reading his links again.

Tha amendment is linked to the Necessary and Proper Clause. As stated, the Federalists argued a bill of rights would be dangerous, because by listing various exceptions to powers not granted, you would imply the government had those powers. In other words, you would make the powers seem far more expansive than they actually were.

The Ninth Amendment was simply a response to that. It was not a license to judges to make up new rights. It does not add any right; it merely prevents the bill of rights from being taken to distort federal power.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #1 on: November 04, 2005, 10:14:55 PM »

It means that just because a right isn't listed, doesn't mean to federal government can infringe upon it: in other words, it is still bound by the limited nature of its enumerated powers.
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