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pahnzoh t1_ivuxah4 wrote

Well I'm not stating my normative opinion when I say that. The constitution is what it is. Some of those are in the bill of rights explicitly. Others are not.

I think the 9th amendment should have been given teeth from the begining to preserve rights that were not powers expressly delegated to the government. It is the "left wing" jurists who have always voted in favor of expanding state power to legislate in areas arguably protected by individual rights.

The problem with just making rights up out of whole cloth is that they can be taken away using the same logic.

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