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Does this mean that the federal government can violate other rights if they aren't on the list?"

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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-12-11 10:05 PM
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Does this mean that the federal government can violate other rights if they aren't on the list?"
The Ninth answers, "No. The Bill of Rights is not complete. Other rights exist, and the federal government must respect them." Indeed, as a supporter of the Constitution pointed out at the Pennsylvania ratification convention, "Our rights are not yet all known," so an enumeration was impossible. While it is true that history often fails to provide clear proof of what the Framers believed, there are exceptions. The Ninth Amendment is one of them

The Ninth Amendment is paired with an almost equally forgotten provision, the Privileges or Immunities Clause (P or I Clause) of the Fourteenth Amendment, which draws from the same intellectual roots. The Ninth Amendment is like the rest of the original Bill of Rights: it speaks only to limits on federal power rather than to the powers of state governments. Limitations on state governments came along later, with the post-Civil War Fourteenth Amendment. Thus, the Ninth Amendment addresses the federal government; the Fourteenth addresses the states.

Interesting argument that was shot down by Scalia and this is why I think it may be worth studying..





.http://www.alternet.org/rights/50404/
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Kablooie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-12-11 11:52 PM
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1. In the upcoming political debates we are going to be forced to listen to ...
candidates interpreting the Constitution with a Michelle Bachmann level of sentience.

Tea Partiers are all set to use the Constitution as a major debating point even though none of them have any idea what it says and even less idea of what it means.

It's going to be a painful presidential election season.
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