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> Bud there’s a whole amendment about how if it’s not mentioned in the constitution it’s assumed you have the right. That is not what the 9th amendment says. I
by wilsonnb3 4y ago
> Bud there’s a whole amendment about how if it’s not mentioned in the constitution it’s assumed you have the right.
That is not what the 9th amendment says. It just says that the Constitution and Bill of Rights specifically laying out some rights does not mean that you lack all rights not laid out explicitly.
So no, it is not assumed that you have a right if it is not mentioned in the Constitution. It is just explicitly stated that you may have that right.
The 10th amendment then kicks all of those rights to the states rather than the federal government.
- lovich 4y ago>That is not what the 9th amendment says. It just says that the Constitution and Bill of Rights specifically laying out some rights does not mean that you lack all rights not laid out explicitly. You are interpreting it in complete contradiction to the text. You are literally construing the fact that some rights are enumerated and abortion isn't as a reason why you don't have a right to an abortion >The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- bhupy 4y ago>The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. This just means that the absence of an enumerated right doesn't imply that the right is totally absent. I.e. the fact that the Constitution doesn't outline a right to sell heroin doesn't mean that heroin is by default illegal; it's just left to the States (and the people) to decide what to do with it. But importantly, just because the Constitution doesn't outline a right to sell heroin, one does not have a Constitutional right to sell heroin — that's absurd. It's still something that can be decided upon by the legislatures.