Re: 9th Amendment: a dead letter?

Bert Hyman wrote:
> In
> news:56634f83-2a6b-40a1-9169-b7462535f992@[EMAIL PROTECTED]
> RichD <r_delaney2001@[EMAIL PROTECTED]
> wrote: 
> 
>> When was the last time the 9th was
>> cited in any court decision?
>>
> 
> http://www.gpoaccess.gov/constitution/browse.html
> 
> "The Constitution of the United States of America, Analysis and
> Interpretation: Analysis of Cases Decided by the Supreme Court of the
> United States" 
> 
> http://www.gpoaccess.gov/constitution/pdf2002/027.pdf
> 
> 
>         But if there is a claim of a fundamental right which cannot
>         reasonably be derived from one of the provisions of the Bill of
>         Rights, even with the Ninth Amendment, how is the Court to
>         determine, first, that it is fundamental, and second, that it is
>         protected from abridgment? 
> ...
>         As Justice Scalia recently observed, ‘‘the [Ninth Amendment’s]
>         refusal to ‘deny or disparage’ other rights is far removed from
>         affirming any one of them, and even further removed from
>         authorizing judges to identify what they might be, and to
>         enforce the judges’ list against laws duly enacted by the
>         people’’ 

If you understand the principle of rights, you realize that no right is 
subject to abridgment by the government.