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

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  •  Do you claim that the (1+ / 0-)
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    Jimdotz

    Ninth amendment refers to a null set when it speaks of unenumerated rights?  Did the Founders write in an absurdity?

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

    by StrayCat on Sun Jun 17, 2007 at 12:48:50 PM PDT

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    •  No. The Ninth Amendment refers (1+ / 0-)
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      Jimdotz

      to the rights people enjoy under their own state laws and Constitution.  It simply means that if the federal rights are mor narrow than state rights, the indvidual cannot be deprived of these additional rights simply because the federal Constitution does not guarantee them.

      •  Wherein history or text do you derive this (1+ / 0-)
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        Jimdotz

        reading of the 9th.  Where in Locke, Rousseau, Jefferson or Paine does this conclusion come?

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

        by StrayCat on Sun Jun 17, 2007 at 06:46:12 PM PDT

        [ Parent ]

        •  Luckily, the ideas of (1+ / 0-)
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          Jimdotz

          neither Locke not Rousseau, nor Paine were enacted as part of the Constution.  just like the Constitution did not enact "Mr. Herbert Spencer's Social Statics."

          Our Constitution is simply not a charter of libertarianism.  And if it were, I would like to hear an explanation as to why is Roe right, while Lochner is wrong.

          •  You are asking that decisions be (0+ / 0-)

            consistent over time.  they should be, but, alas, the Court like all else is a human enterprize.  Just as you and I differ, so do the Justices.  BTW, Herbert's social statics are hardly of the same kind as the thoughts of Locke, Rousseau, and Paine.  And, yes, you are right that their writings were not "enacted" (wrong term, however) by the adoption of the Constitution, but the drafting of the words of the Constitution was done in light of, and using the language of the Enlighetment.  Indeed, the very existence of a nation createde by men, out of a set of more or less consistent ideas about the rights of and nature of humans  was unique, and was a creation of those "libertarians" for want of a better word, not to be compared to the present day radical libertarians, of which I am not.

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

            by StrayCat on Mon Jun 18, 2007 at 06:11:59 AM PDT

            [ Parent ]

            •  So the question is then (1+ / 0-)
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              Jimdotz

              do you agree that Lochner was correctly decided and that the New Deal jurispudence starting with West Coast Hotel is wrong?  

              I am all for ideological consistency, if not over time, then at leat at any given time.  Do the decisions in Roe and Casey counsel for the reinstatement of the Lochner doctrine?

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