Opinion of the amendments (Amendment IX) (user search)
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  Opinion of the amendments (Amendment IX) (search mode)
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Question: The 9th Amendment
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Author Topic: Opinion of the amendments (Amendment IX)  (Read 1569 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: August 18, 2009, 08:35:01 PM »

A more clearly-phrased version would be nice, something to the effect of: "The lack of a right in the Constitution should not be interpreted to mean that said right does not exist" would be good.

So then the unborn have a right to life? Wink

The reason why the ninth is infrequently invoked is that often cases involve conflicting rights.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: August 18, 2009, 11:24:23 PM »

Nonpersons don't have Constitutional rights.  Wink

A fetus certainly has at least as good a claim to being a person as does a corporation.  In any case, personhood isn't defined anywhere in the Constitution, so we end up back at the ninth leading to conflicting assertions of rights if we try applying the ninth amendment to the abortion issue.
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