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I’m an attorney, though an Estate Planner and not an expert in Constitutional law.

However, while I was in law school, a professor of mine who WAS an expert said that our rights could be summed up as follows:

“That which is not expressly forbidden is permitted.”

Think about it, it is true - our government was set up in the Constitution as a servant of the people, with certain defined powers. Those powers NOT delegated to the federal government belong to either the states or the people, AS SPECIFICALLY STATED IN THE 10TH AMENDMENT:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

OK, so what if some idiot judge (like the one in this case) tries to go through the back door and says, “Oh, but there’s nowhere in the Constitution or the Bill of Rights saying that any individual has [for example] the right to own a milk cow or to consume cow’s milk, so you therefore don’t have those rights.” Well, I call BS on that (that’s a technical legal term, BTW), since the 9th Amendment clearly states:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Those 2 amendments, which have never been repealed or modified, and which were ratified by the founding generation of state legislators after having been passed by the 1st Congress (many of whom had signed the Constitution itself only 4 years earlier) make it VERY clear that our government only has those powers specifically granted to it by the people, and that either the states or the people retain ALL rights and powers not specifically delegated to the federal government (whether or not such rights, such as the right to own a cow and to drink its milk) are otherwise mentioned in the Constitution as being protected from federal limitation or regulation of any kind.

This judge should not only be impeached, he should be disbarred.