>i believe in aliens >cool man. i think the ninth and tenth amendment exist >lol fuckin crank
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Replying to @eigenrobot
The ninth and tenth amendments, *as intended by the framers*, do not do very much. In particular, the ninth was very much not intended to create unenumerated but judicially enforceable rights.
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Replying to @AlexGodofsky @eigenrobot
The concern was not that, by omitting (say) the right to drink liquor, courts would not recognize it as a right and enforce that right against the government.
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Replying to @AlexGodofsky @eigenrobot
The concern was that the scope of federal power would be assumed to extend beyond any enumeration, to all powers not expressly prohibited by the bill of rights.
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Replying to @AlexGodofsky @eigenrobot
And the ninth is no guard against expansive interpretation of the commerce clause, because the commerce clause is enumerated; it may be interpreted poorly, but the error is not in disregarding the ninth.
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