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| The Constitution strictly interpreted |
excon |
10/06/05 |
Hello righties:
>>>Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. <<<
I too, am an originalist. The Bill of Rights is short, simple, clearly written and to the point. I believe the words mean what they say and not something else. I would like a justice to be able to read them as they are written and uphold laws that conform to them.
Therefore, having read and understood the Ninth Amendment, alliterating those non-enumerated rights, such as privacy, the rights of homosexuals to wed, and those yet to be revealed, are consistent with the meaning of this amendment.
Clearly, as it becomes apparent in the future that other citizens rights, which also have not yet been enumerated and are being violated, those too must be added to the growing list of enumerated rights.
This amendment appears to trump the idea that a citizen is not entitled to rights that aren’t specifically listed in the Constitution. If it doesn’t mean that, what does it mean? Were they just kidding when they wrote it?
If you believe what the Ninth Amendment says, and of course, an originalist must (you can’t pick and choose which amendments you like), then by what procedure would these non-enumerated rights be revealed to us, if ever?
excon
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Clarification/Follow-up by Choux on 10/07/05 9:21 am:
Ex:: Not really, you can't marry a goat, and I can't marry two men.
Clarification/Follow-up by tomder55 on 10/07/05 10:23 am:
......or “Lord Byron’s problem "
Clarification/Follow-up by Itsdb on 10/07/05 11:20 am:
ex,
I think that's a given, it's justice, and I believe covered in the preamble. Not all rights desired by a person or group "establish justice, insure domestic tranquility," or "promote the general welfare" of the country do they?
Steve
Clarification/Follow-up by tomder55 on 10/07/05 12:11 pm:
see my response to Steve. As an add on ;the Plessy v Ferguson decision is a perfect example of what I was refering to . Congress passed the Civil Rights Act of 1875 ;and Plessy V Fergson overturned it effectively destroying all the good reconstruction work that was done post-Civil War.
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