Back when the constitution was originally drafted it didn't include a bill of rights, because the thought was that one day it might be used against the citizens, as a way of limiting our rights to those only enumerated (explicitly stated). To fix this, the 9th amendment was added. Obviously that hasn't worked out too well; in fact I'm willing to bet most people don't even know about the 9th. To this date it's never been used to rule on a case, and the problem is that if it were used, it would give the supreme court the power to essentially amend the constitution, because they would be deciding which rights the 9th protects, setting a precedent for further cases. This could also be used against the people, for example if the courts decided in one ruling that the 9th amendment does not protect your right to raise your children, we would no longer have that right protected by the government. The question I'd like to discuss is this: is it necessary for rights to be enumerated in order to be protected, and if yes, what is the best way to do so?
posted ago by Gottmituns
+5 / -0
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