Re: [dvd-discuss] 9th Amendment

["Harold Eaton" <haceaton(at)hotmail.com>]

Bryan Taylor <bryan_w_taylor@yahoo.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.

My question was accurate as stated. The way you've re-phrased it suggests 
you believe that courts have already determined all rights that will ever 
exist already. That's sad since a few that you've
mentioned are really modern rights concepts - also I've been led
to believe that birth control and abortion rights are mere results of a 
right to privacy. Since I'm sure you won't be happy with my reply,
let me re-phrase the question more to your taste:

Can you name one right guaranteed by the nineth amendment that the
courts have not yet acknowleged? Do such right(s) exist?


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