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View Full Version : What does the ninth amendment mean to you?




dude58677
02-23-2009, 01:20 PM
From a legal perspective.

mczerone
02-23-2009, 01:46 PM
FYI:
Amend. IX:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

In my mind this means that any "right" not listed in the first eight cannot be "den[ied] or disparage[d]" by ANYONE, state actor or private. Now, what the "rights" can be seems to be arbitrary - but they must have been practiced prior to 1791 so that they might have been "retained" rather than created anew.

However, the Amendment alone doesn't limit (as does the 10th) Congress's power to abridge these non enumerated rights - so the 9th Amendment really is meaningless except in cases where the application of common law (not statutory law) would deny an alleged right not listed in the Constitution - in which case the 9th Amendment might be used to say that, under the Constitution, the alleged right should be considered a Constitutional Right if it had been retained from prior exercise.

Ultimately, though, the 9th amendment only means whatever the government thinks it means. If they think that it means that they can outlaw every action that doesn't glorify the state - then that is what the 9th Amendment means.

Truth Warrior
02-24-2009, 07:11 AM
The one after VIII and before X. :D

dude58677
02-24-2009, 07:46 AM
the one after viii and before x. :d

:d:d lol!