[IronJack]

The Ninth Amendment principle, that enumerated rights in the Constitution do not disparage other rights retainged by the people, is one of the arguments used in Griswold to ESTABLISH the right to privacy. However, this is an interesting twist on that argument, subverting it instead to place the right in the hands of the people rather than the Court.

I don't think it can get much traction though, because the counter is that the appellants in Griswold were in fact demanding that just that right, i.e., the unenumerated right to privacy, be placed in THEIR hands, not the hands of the Court, the Congress, or any state legislature. In effect, this argument defeats itself.

[mrsmith]

"subverting it instead to place the right in the hands of the people rather than the Court. "

That is exactly what the Ninth says: "retained by the people".

When introducing the Ninth Madison said it was to prevent those rights from falling into the hands of the federal government.

Now everyone, but the judge and I apparently, wants to read the Ninth to mean the opposite.

[dirtboy]

The Ninth Amendment principle, that enumerated rights in the Constitution do not disparage other rights retainged by the people

The Ninth Amendment was meant as a constriant on federal power - not as a justification for expanding such. If the Ninth and the Tenth are treated as a tandem, as they should be, abortion should have remained a matter for the states. Only by taking an activist view of the Ninth, as happened with Griswold, can such a view be used to supercede both state laws and the Tenth.

[FreeReign]

The Ninth Amendment principle, that enumerated rights in the Constitution do not disparage other rights retainged by the people, is one of the arguments used in Griswold to ESTABLISH the right to privacy. However, this is an interesting twist on that argument, subverting it instead to place the right in the hands of the people rather than the Court.

Unenumerated inalienable rights are retained by the people.

However, it's up to state laws to protect those unenumerated inalienable rights and not the Federal Government.

What better way....?