Why don't liberals more aggressively promote the Ninth Amendment? (user search)
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  Why don't liberals more aggressively promote the Ninth Amendment? (search mode)
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Author Topic: Why don't liberals more aggressively promote the Ninth Amendment?  (Read 2582 times)
Indy Texas
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« on: November 06, 2013, 02:08:31 AM »

Usually when a part of the Constitution is explicitly referenced, it's by conservatives referring to the Second and Tenth Amendments.

But the Ninth Amendment - "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." - seems like the best arrow in the quiver liberals, particularly judicial liberals, have. Indeed, it was the Ninth Amendment that formed the bulk of the basis for the decision in Roe v. Wade.

Conservatives' main response to many things liberals want or try to do is along the lines of "The Constitution doesn't explicitly allow that" or "The Constitution doesn't have a right to ________ listed anywhere in it, therefore that right doesn't exist."

It would seem that pointing out that the absence of enumeration of a right does not preclude the existence of one would be a pretty logical starting point to respond to that. 
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Indy Texas
independentTX
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*****
Posts: 12,283
United States


Political Matrix
E: 0.52, S: -3.48

« Reply #1 on: November 06, 2013, 04:47:46 AM »

The Ninth Amendment has always struck me as a one the most absurd and meaningless piece of constitutional text ever written. The point of a constitution is enumerating rights; if the people have other rights that those enumerated in the constitution, then who is to guess what these rights are?

And yeah, regardless of how you feel about abortion, Roe v. Wade was an awful decision from the strictly legal standpoint.

I would imagine that it was written because the Framers knew that if the United States succeeded as a national experiment and was still around hundreds of years later, the world would likely be a very different place from the one in which they lived. That is, the Constitution doesn't limit Americans' rights to those enumerated because the Framers did not want to hold 21st century people hostage to the wills and ideas of 18th century men - and it was very wise and prescient of them not to.
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