Dear Clarence Thomas: It Happened on July 4, 1776

[benfranklin1776]

A well written reminder to reflect on as this Fourth of July holiday weekend draws to a close. It reminds us that, contrary to the delusional opinion of Messrs Thomas, Rehnquist and Scalia our right to privacy is not granted to us by the government but derives from our status as human beings. It is one of our inalienable rights. Self evident to everyone but modern day neocons who want government out of the marketplace and into the bedroom.

http://www.commondreams.org/views03/0703-09.htm

[DrBB]

1. It's Ammendment IX, isn't it?

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

That's it, that's the whole thing. But it seems to blow a big torpedo hole in this idea that somehow only the rights that are positively enumerated in the constition are guaranteed. Thomas and Scalia say "I find no right to privacy in the constitution," well, so what? It's not meant to be exclusive of other rights and it says so in black and white. Where's the confusion?

[benfranklin1776]

2. Yes you are PRECISELY RIGHT

.....and it was included for just that reason so that future would be despots would not look at the bill of rights and say: "well if the right is not expreslly spelled out in there then its not protected and government is free to abrogate it at will." That attitude seems to form the core foundation of Scalia, Thomas and Rehnquist's philosophy of strict constructionism. However it is clear that the ninth amendment was expressly intended to be a repository of the natural rights of man i.e. those rights "founded on the immutable maxims of reason and justice."

Unfortunately though it is plainly obvious to everyone, as you rightfully point out, that the ninth amendment says what it means and means what it says, it flies in the face of Scalia et als. worship of the divine right of kings in which any rights were granted to you at the beneficience and whim of the sovereign. That philosophy is more suited to their desire to enshrine plutocratic principles as governing law.