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To: Constitutionalist Conservative

"Rights do not grow smaller or larger."

How is this squared with the 9th amendment?


7 posted on 05/05/2005 3:32:54 PM PDT by Mr. Blonde (You know, Happy Time Harry, just being around you kinda makes me want to die.)
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To: Mr. Blonde
"Rights do not grow smaller or larger." How is this squared with the 9th amendment?

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

This seems fairly straightforward to me. Rights enumerated in the Constitution are rights permitted to the government. It really boils down to the fact that the "Bill of Rights" has always been misnamed and should have been called the "Bill of Restrictions". If you read them closely, you find that they never define anyone's rights, but certainly define what Congress is not allowed to do.

I would recommend "The Lost History of the Ninth" by Kurt Lash. Also the companion "The Lost Jurisprudence" by the same author. They are available for download (free)from the Social Science Research Network (SSRN) electronic library at: http://ssrn.com/abstract=505482.

58 posted on 05/05/2005 5:30:29 PM PDT by AntiBurr ("The heart of the wise inclines to the right, but the heart of the fool to the left."-- Ecclesiastes)
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