Constitution for Idiots #10by Gary McCoy Writer for the Global Exclaimer
I know, I know, you have all been waiting so patiently for me to finish up the Bill of Rights and I have been SEVERLY waning in my duties. Let’s pick up where we left off, shall we?
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
With all that has been going on with our debt crisis, growing government, and a general woe over the entire world at this point; it seems that the more laws that are passed the fewer rights we are afforded. Strange because this little amendment here seems to say that just because a right is spelled out in the Bill of Rights for the people does not mean that this is ALL the rights the person has. Hmmmmmmmm. Really. I think this bit of wisdom is overlooked way too easily.
Using this amendment as our guide, what would a world look like that did not have this wisdom entered in the Bill of Rights. Well for one a government (state or Federal) would be able to argue that since it was not spelled out in 1-8 then the Constitution obviously deems that the government has the right to censure the act of the individual. This of course would give government much more power than it already has, being that an argument for anything socially or technologically new would most likely fall outside the scope of the Constitution. It would also, therefore, negate the purpose of the Constitution’s Bill of Rights by limiting the effectiveness of the sovereignty of the individual.
This amendment has been argued for everything from stream diversions Barron v. Baltimore 1833 to Abortion Roe v.Wade 1973 . While you may not agree with the decisions in either case you do have to admit that just because the forefathers didn’t dream of these issues doesn’t mean that the government or judicial has the RIGHT to take away rights of EITHER party based solely on the fact that it is not enumerated.
Likewise we need to start evoking this under used and under appreciated amendment in our current political climate. We keep hearing the 14th the 14th out there as a reason why the gooberment has the right to do whatever it wants, well how about we argue back the 9th? This is a handy amendment in many cases. I would like to start seeing signs that say I plead the 9th for a while. We need to explain to our law makers that just because they can not find anything said about an issue doesn’t mean it is their job or duty to squash and kill the idea. It may just be our RIGHT after all!