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View Diary: Impeachment and the Original Intent of our Founders (108 comments)

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  •  OK, on this, I agree, but a change in application (1+ / 0-)
    Recommended by:
    Jimdotz

    such as the application of Griswols to the Ninth Amendment is not a change in the Constitution, but an application of the Original Constitution to a case or controversy newly brought to the court.

    Patriotism may be the last refuge of scoundrels, but religion is assuredly the first.

    by StrayCat on Sun Jun 17, 2007 at 09:32:29 AM PDT

    [ Parent ]

    •  Of course the Ninth Amendment was not (1+ / 0-)
      Recommended by:
      Jimdotz

      applied in Griswold.  That was only part of a concurring opinion.  The opinion of the Court relied on "penumbras and emanations," whatever that is.

      •  What ever that is, is a clumsy rhetorical device (1+ / 0-)
        Recommended by:
        Jimdotz

        to try to capture the idea that rights exist independent of the document, that they were understood to exist, and were not exhaustively set out so as to preclude the prohibition of the excercise of rights not enumerated.  This lingustic formulation came abour during the heyday of positivist legal thinking, and was an attempt to protect rights from encroachment.

        Patriotism may be the last refuge of scoundrels, but religion is assuredly the first.

        by StrayCat on Sun Jun 17, 2007 at 11:11:34 AM PDT

        [ Parent ]

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