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>Is not a constitution right because is not in the constitution. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or dis

>Is not a constitution right because is not in the constitution. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." - 9th Amendment, in its entirety. In other words: there is an entire Amendment specifically dedicated to refuting this argument. People have rights, even if they're not specifically written in the Constitution.

xdennis 4y ago
Yes, the argument is bad, but he's right. The 9th amendment says some rights aren't mentioned. But abortion couldn't be one of those rights because abortion was banned in some states.
- curiousllama 4y ago
  > But abortion couldn't be one of those rights because abortion was banned in some states. Abortion was not, in fact, banned when that amendment was written. The first full ban was in New York in 1829. [1] Besides, the legal issue is not whether abortion is one of those rights per se, but rather whether privacy is an implicit right (almost certainly), and whether family planning (abortion, yes, but also contraception & choice of sex partner) is a sufficiently private decision that the government is restrained from regulating it. [1] https://en.wikipedia.org/wiki/Abortion_in_the_United_States#:~:text=Connecticut%20was%20the%20first%20U.S.,abortions%20a%20misdemeanor%20in%201829 https://en.wikipedia.org/wiki/Abortion_in_the_United_States#....
- mywittyname 4y ago
  The preceding amendments are examples of the types of freedoms given the people, and the types of limitations imposed on the governments. Then it goes on to say, this is not an exhaustive list of rights for people, but is an exhaustive list of rights to the federal government. The right to potentially life saving treatment sounds an awful lot like those enumerated in the first amendment, and the right to not have the government force you to go through an potentially deadly and avoidable situation sounds in the spirit of the eighth amendment.

xdennis 4y ago

Yes, the argument is bad, but he's right. The 9th amendment says some rights aren't mentioned. But abortion couldn't be one of those rights because abortion was banned in some states.

curiousllama 4y ago
> But abortion couldn't be one of those rights because abortion was banned in some states. Abortion was not, in fact, banned when that amendment was written. The first full ban was in New York in 1829. [1] Besides, the legal issue is not whether abortion is one of those rights per se, but rather whether privacy is an implicit right (almost certainly), and whether family planning (abortion, yes, but also contraception & choice of sex partner) is a sufficiently private decision that the government is restrained from regulating it. [1] https://en.wikipedia.org/wiki/Abortion_in_the_United_States#:~:text=Connecticut%20was%20the%20first%20U.S.,abortions%20a%20misdemeanor%20in%201829 https://en.wikipedia.org/wiki/Abortion_in_the_United_States#....
mywittyname 4y ago
The preceding amendments are examples of the types of freedoms given the people, and the types of limitations imposed on the governments. Then it goes on to say, this is not an exhaustive list of rights for people, but is an exhaustive list of rights to the federal government. The right to potentially life saving treatment sounds an awful lot like those enumerated in the first amendment, and the right to not have the government force you to go through an potentially deadly and avoidable situation sounds in the spirit of the eighth amendment.