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To: mrsmith

The Fifth Ammendment logically is incorporated by the Fourteenth-as the SC has affirmed repeatedly.

The Ninth and Tenth Ammendments clarify and constrain the meaning of the Fifth Ammendment (as well as other Ammendments, and other part of the Constitution.) It is by this mechanism that the Fourteenth indirectly incorporates the Ninth and Tenth.


13 posted on 06/06/2005 5:05:19 PM PDT by sourcery ("Compelling State Interest" is the refuge of judicial activist traitors against the Constitution)
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To: sourcery
"... It is by this mechanism that the Fourteenth indirectly incorporates the Ninth and Tenth. "

No, but "penumbras and emanations" may put the Ninth and Tenth into the Fourteenth one day if the liberals have their way.

It's very hard for libertarians to "get" the Ninth amendment. It helps to consider that the Ninth and Tenth protect "majoritarian" rights as well as individual rights from the federal government.

It is for the people to say what other rights they have- and for the federal courts to listen. Passage of state laws is one way the people define their rights. Tradition is another.

14 posted on 06/06/2005 5:16:58 PM PDT by mrsmith
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