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[dvd-discuss] 9th Amendment
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: [dvd-discuss] 9th Amendment
- From: Bryan Taylor <bryan_w_taylor(at)yahoo.com>
- Date: Wed, 26 Sep 2001 11:35:49 -0700 (PDT)
- In-Reply-To: <F87gLPbmlO0KEMNVDty00009762@hotmail.com>
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
--- Harold Eaton <haceaton@hotmail.com> wrote:
> Just out of curiosity could you list more than five rights granted by
> the 9th amendment since you "support" it?
The 9th amendment does not grant any rights. It stands for the proposition that
right are not enumerated and need not be textually granted to exist. What you
really mean is can I name rights that Courts recognize that are not explicitly
mentioned in the Constitution or Bill of rights, that's easy:
Off the top of my head I can think of: abortion, privacy, miranda warnings, the
right to use birth control, marriage rights, the right to travel, and the right
to self-defense.
Basically anything that is a "substantive due process" right qualifies, and you
can refer to the 5th amendment's "liberty" right or the 9th amendment to
reconsile inexplicit rights with the Constitution.
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