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View Diary: On Constitutional Interpretation: Originalism v. A Living Constitution? (286 comments)

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    For much the same reason that the Framers didn't feel able to enumerate each and every fundamental right within the Bill of Rights, I very much doubt they expected future generations to enumerate them all, either.

    The Ninth Amendment says "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."  It does not say those "other" rights are retained by the people only if they manage to get a constitutional amendment passed.

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