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Originally posted by GuyverUnit I
I would surmise that after the Constitution was written confusion arose over legal issues involving rights citizens enjoyed that were not enumerated in the Constitution. So they wrote the 9th to protect those rights as well.
"I do agree that the concept of liberty protects those personal rights that are fundamental, and is not confined to the specific terms of the Bill of Rights."
"The language and history of the Ninth Amendment reveal that the Framers of the Constitution believed that there are additional fundamental rights, protected from governmental infringement, which exist alongside those fundamental rights specifically mentioned in the first eight constitutional amendments."
All rights not expressly and unequivocally reserved to the people are impliedly and incidentally relinquished to rulers, as necessarily inseparable from the delegated powers...
To hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to ignore the Ninth Amendment and to give it no effect whatsoever.
The Constitution does not necessarily allow you to sell your private DVD collection on the sidewalk.
SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
If you were cited with violating copyright law, you have no defense under the Constitution.
The Constitution explicitly allows for copyrights when it states authors "for limited times...shall have exclusive right to their respective writings." If you legally purchased your DVD's and your DVD"s were legal copies, you could raise an exhaustion defense and walked away scot free.
If you were cited as violating some sort of local regulation prohibiting people from conducting business on the street, the Constitution allows local and state legislatures to enact all sorts of statutes, including statutes that regulate commercial activity.
The Constitution also enables the federal government to pass statutes. Article I Section I creates a Legislature. Legislatures are bodies that write laws. If only "natural law" is supposed to exist, how come the first thing the Constitution does is create a body that can write laws?
As an attorney, I am not trying to argue that the law subjects people to my whims. I am trying to argue that both state constitutions and federal constitutions give state legislatures, local legislatures, and Congress the authority to make laws. People who violate these laws could be subject to penalties or civil judgments. If anything, people like you are subject to the whims of legislatures, not the whims of people like me.
If it were up to me, I would not mind if you were selling your legally obtained DVD's on the street. Unfortunately, your local legislature for reasons that may be fair or unfair does not agree with me. Your local legislature does not have to be "fair" or agree with me or you. It has the authority, within limits imposed by the State and Federal Constitution, to regulate commercial activity like selling goods on sidewalks.
Natural Law may be a wonderful philosophy and a good policy in drafting rules, but it is not THE LAW in this country.
Our Constitution, which allows legislatures to make statutes is the law. Our laws are far from perfect, but we need them to ensure some sense of order.
As imperfect as our laws are, the one thing they have is that they are relatively mechanical. We have numerous statutes, regulations, and court cases to guide our behavior. I think several laws are unfair or disfavor people like myself, but at least I know they are unfair and/or they disfavor me. If we were guided solely by "natural law" then who would know what the law is?
If I were selling DVD's on a particular street corner for years and had a regular customer base, would "natural law" allow you to come onto the street corner had been using and set up shop? Does "natural law" give me a right to the goodwill I earned over the years and is it possible you are free-riding off my goodwill by selling DVD's on my corner? Or does "natural law" say the street corner belongs to the first person who sets up shop for the day.
Any comments on my position? Am I simply ignorant? Do you have any recommended readings for me?