Unenumerated Rights

[opebo]

See, I simply interpret that post differently:

Of course you do, and that is the point.  And it is our differences that make privacy so important!

[A18]

There is no constitutional right to privacy, so it's irrelevant.

I would say that there is indeed a right to privacy. Such a deduction is supported, in my view, by the penumbra (sorry that I have to resort to this word) of the Fourth Amendment.

Hah, 'penumbra.' That's a neat way of admitting it's not actually part of the fourth amendment.

[opebo]

There is no constitutional right to privacy, so it's irrelevant.

I would say that there is indeed a right to privacy. Such a deduction is supported, in my view, by the penumbra (sorry that I have to resort to this word) of the Fourth Amendment.

Hah, 'penumbra.' That's a neat way of admitting it's not actually part of the fourth amendment.

But as you yourself said, congress has no powers not specifically given to it.

[A18]

Of course, but you can violate a valid federal law in private. The things you care about - abortion, drugs, and prostitution - can not be regulated by Congress, except in DC and other federal territories, in which Congress is permuted to act as a full legislature.

[opebo]

Of course, but you can violate a valid federal law in private. The things you care about - abortion, drugs, and prostitution - can not be regulated by Congress, except in DC and other federal territories, in which Congress is permuted to act as a full legislature.

The regulations states apply to these things are clearly in violation of the right to privacy found in the constitution, and should be ruled as such.  Perhaps one day..

[A18]

The states are not bound to the enumerated powers of Congress. There is no generic right to privacy applicable against every form of government.

[opebo]

The states are not bound to the enumerated powers of Congress. There is no generic right to privacy applicable against every form of government.

Apparentely it is in the fourth amendment.  Or at the very least the spirit of the document.  The point is, philip, it is preferable to interpret the old document that way rather than let states inhabited by religious intolerants run roughshod over Americans freedoms.   

[Emsworth]

Hah, 'penumbra.' That's a neat way of admitting it's not actually part of the fourth amendment.

I will openly admit that it's not a part of the Fourth Amendment. I'm arguing that the right to privacy is an unenumerated right. My reference to the Fourth Amendment is to provide the basis for my assertion that there is indeed a right to privacy.

[Emsworth]

Apparentely it is in the fourth amendment.  Or at the very least the spirit of the document.  The point is, philip, it is preferable to interpret the old document that way rather than let states inhabited by religious intolerants run roughshod over Americans freedoms.   

Hmm, I'm not exactly comfortable with interpreting the Constitution inappropriately merely for convenience.

[opebo]

Apparentely it is in the fourth amendment.  Or at the very least the spirit of the document.  The point is, philip, it is preferable to interpret the old document that way rather than let states inhabited by religious intolerants run roughshod over Americans freedoms.   

Hmm, I'm not exactly comfortable with interpreting the Constitution inappropriately merely for convenience.

They are.

[The Duke]

There are no unenumerated rights, and as a matter of practicality there cannot be as the Constitution lays out no objective standard for discerning these rights.  Unless there is an objective standard for what the 9th Amendment protects, then the "loose constructionist" position allows judges to determine that anything they like is protected.

[A18]

No, you're wrong. The unenumerated rights are all those areas over which Congress has no jurisdiction.

[Emsworth]

There are no unenumerated rights...

Then what is the point of the Ninth Amendment?

[The Duke]

No, you're wrong. The unenumerated rights are all those areas over which Congress has no jurisdiction.

There are no unenumerated rights...

Then what is the point of the Ninth Amendment?

These are not "rights" per se.  The states can still regulate these things, but the Federal government can't.  The Ninth Amendment, in my view, states that simply because I don't have a right to wear a yellow T-shirt doesn't mean congress can restrict my right to wear a yellow T-shrt.  Congress doesn't have the authority to do this, and just because my protections aren't spelled out, the limits on Congress certainly are.  This does not mean that I have a "right" to these things.