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ConHog
06-14-2012, 11:55 AM
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Does this Amendment mean we have the right to do pretty much whatever we want as long as it isn't expressly forbidden in the COTUS?

revelarts
06-18-2012, 11:24 AM
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Does this Amendment mean we have the right to do pretty much whatever we want as long as it isn't expressly forbidden in the COTUS?

It means the Federal Gov't is ONLY granted the powers detailed in the Constitution. It has no other powers and the poeple grant it no other authority except whats there and JUST BECAUSE we wrote down the above BILL of RIGHTS the Fed Gov't should NOT ASSUME it has authority over ANY other areas not mentioned. The People and the states retain ALL of the rights, even those unmentioned.


It's pretty clear.

ConHog
06-18-2012, 03:38 PM
It means the Federal Gov't is ONLY granted the powers detailed in the Constitution. It has no other powers and the poeple grant it no other authority except whats there and JUST BECAUSE we wrote down the above BILL of RIGHTS the Fed Gov't should NOT ASSUME it has authority over ANY other areas not mentioned. The People and the states retain ALL of the rights, even those unmentioned.


It's pretty clear.

That is NOT the question I asked.

Kathianne
06-18-2012, 05:28 PM
The 9th and 10th amendments were to restrain the government, in particular the federal government.

revelarts
06-18-2012, 05:50 PM
That is NOT the question I asked.

I know, But i couldn't see where you where coming from with that question.

"Does this Amendment mean we have the right to do pretty much whatever we want as long as it isn't expressly forbidden in the COTUS?"

when you say "we" do you mean the federal gov't? because the Constitution per se doesn't stop citizens from doing anything unless one is a part of the federal gov't i believe.

ConHog
06-18-2012, 06:00 PM
I know, But i couldn't see where you where coming from with that question.

"Does this Amendment mean we have the right to do pretty much whatever we want as long as it isn't expressly forbidden in the COTUS?"

when you say "we" do you mean the federal gov't? because the Constitution per se doesn't stop citizens from doing anything unless one is a part of the federal gov't i believe.

I worded it exactly the way I wanted to. As you know, some argue that unless the COTUS specifically states the government has the authority to do something, then the government doesn't have authority to do something.

So, by logical extension that would mean that unless the COTUS specifically says the government can't stop us from doing a particular thing, we can do that particular thing, right?

Or not.

Kathianne
06-18-2012, 06:08 PM
I worded it exactly the way I wanted to. As you know, some argue that unless the COTUS specifically states the government has the authority to do something, then the government doesn't have authority to do something.

So, by logical extension that would mean that unless the COTUS specifically says the government can't stop us from doing a particular thing, we can do that particular thing, right?

Or not.

You mean expressed in the Constitution or all case laws?

ConHog
06-18-2012, 06:10 PM
You mean expressed in the Constitution or all case laws?

I mean those who think case law shouldn't be law at all. Those , admittedly, few who argue that if it isn't in the COTUS it's unconstitutional.

revelarts
06-18-2012, 06:17 PM
I worded it exactly the way I wanted to. As you know, some argue that unless the COTUS specifically states the government has the authority to do something, then the government doesn't have authority to do something.

Yes that's true.



So, by logical extension that would mean that unless the COTUS specifically says the government can't stop us from doing a particular thing, we can do that particular thing, right?

Or not.

Well the COTUS gives the Congress powers to write laws. If those laws are withen the scope of it's powers, and the STOP a person from say -Certain aspect of foreign trade- or -stops states from levying import fees in some details- that's withen it's bounds.

the commerce clause has been stretched beyond recognition.
But sure if it's not there then the people and states can do whatever they want. without Federal Interference or "help"
At least that's how it should be.

BTW I just reread the doc you know the Highways Could technically come under "post roads" wink wink say no more.

ConHog
06-18-2012, 06:24 PM
Yes that's true.



Well the COTUS gives the Congress powers to write laws. If those laws are withen the scope of it's powers, and the STOP a person from say -Certain aspect of foreign trade- or -stops states from levying import fees in some details- that's withen it's bounds.

the commerce clause has been stretched beyond recognition.
But sure if it's not there then the people and states can do whatever they want. without Federal Interference or "help"
At least that's how it should be.

BTW I just reread the doc you know the Highways Could technically come under "post roads" wink wink say no more.

i've addressed that in the other thread, but the 9th and 10th are kissing cousins for sure and probably DO belong in one thread.