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>everything not mentioned in the Constitution is a right of the people. Prior to the Bill of Rights, that was not the case. As I mentioned elsewhere, the "ever
by SomeCallMeTim 16y ago
>everything not mentioned in the Constitution is a right of the people.
Prior to the Bill of Rights, that was not the case. As I mentioned elsewhere, the "everything else is a right of the states or the people" clause is in the tenth amendment.
Edit: AND in the Ninth Amendment: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."
- DougWebb 16y agoYes, the 10th Amendment makes explicit the fact that all rights not mentioned in the Constitution are inherent rights of the States and the People. This was implicit before the Bill of Rights, but it lead to a lot of confusion. At the time, most governments had all rights implicitly with a sovereign, and the people only had the rights that were explicitly granted to them. Our founders intended to flip that relationship, but since many people didn't get it, they had to add the Bill of Rights. Unfortunately many people still don't get it, despite what the 10th Amendment says.