Sharlenemusic updated May 2018 Part 2 Part 3 In Griswold v. Connecticut, Justice Goldberg pointed out that the authors of the Constitution did not intend the first eight amendments to exhaustively list all of the rights the people had, reserving everything else to the government. The Ninth Amendment was written in the context of the first eight, and is meant as a reminder that rights are not something “granted”, but a birthright, which we put special emphasis on protecting by our decisions on the form and operations of our government.
This decision went a long way to establishing a basic “sphere” of personal privacy to which all people are entitled. Do you have a private right to travel in your private car? Do you have a private right to read and share your bible with family and friends? What are the powers generally understood to belong to the Attorney General at common law? Read the History of the Illinois Attorney General, here. What is a “domicile?”
Is it safe to consume Cannabis? A smoker would theoretically have to consume nearly 1,500 pounds of marijuana within about 15 minutes to induce a lethal response. A recent study suggests a lethal dose of marijuana may actually be even higher.” The Exhaustive List of Everyone Who’s Died of a Marijuana Overdose, here.
By the way, are you an activist filmmaker, musician, artist, photographer or writer? Check out our Cannabis & Hemp themed film festival. Vote! Learn more. Read here, submit! Also, check out The Colorado International Activism Film Festival #CICHFF, video, how to submit! Learn more.
“Because it was impossible to enumerate all the rights of the people, a bill of rights might actually be construed to justify the government’s power to limit any liberties of the people that were not enumerated.” Thus the clarification that many other rights exist outside of the Bill of Rights. The Elements of Political Economy by Francis Wayland (1837). Records of District Courts of the U.S., here.
“The power under the constitution will always be in the people…” George Washington
“…It is intrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and, whenever it is executed contrary to their interest, or not agreeable to their wishes, their servants can and undoubtedly will be recalled.” – Letter to Bushrod Washington, November 10, 1787
“Every American has a right to know how their tax dollars are being spent. A variety of accounting methods are used to make it harder for Americans to comprehend… Meanwhile, services they may need to survive are placed on the chopping block due to the claim that our nation cannot afford them.” The Pentagon Must now Reveal the True Cost of War to All Americans, The Fiscal Times.
“Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions.” Lawrence v. Texas (2003).
“But whoso looketh into the perfect law of liberty, and continueth therein, he being not a forgetful hearer, but a doer of the work, this man shall be blessed in his deed.” James 1:25 Legislation never confers rights; it merely confirms the natural rights that pre-exist. Read Classical Competition and Freedom of Contract, here, Planned Parenthood, The Pill, and P.T. Barnum, here; also, In Control of Her Destiny: Catherine G. Roraback and the Privacy Principle, here.
“Since the New Deal, courts have stopped defending liberty of contract and other unenumerated rights grounded in America’s natural rights tradition. These are referred to by the Ninth Amendment, which explicitly protects unenumerated rights…” George Will.
Read more re: Lochner Era. “…it’s quite clear that they’re not interpreting the law, they’re making the law.” John Roberts. Does the Constitution permit the restriction of liberty of contract by state law where such restriction protects the community, health and safety, or vulnerable groups? West Coast Hotel Co. v. Parrish (1937). Watch this presentation by Judge Andrew Napolitano, recorded July 2010, Auburn, Alabama at Mises, which includes an introduction by founder and chairman, Llewellyn H. Rockwell, Jr.; also, video.
“Just when liberal legal theorists, reeling from the Lochner era, had settled on the view that the courts should exercise judicial review very sparingly—and perhaps never to enforce rights not specifically identified in the Constitution—the liberal Court began to exercise judicial review more frequently and aggressively, often to protect rights not clearly identified in the Constitution.” The Return of Lochner by Thomas B. Colby, here. “Roosevelt’s revolution began with his inaugural address…” Read more, Mises.
“This is a day of national consecration.” Read more. “If you’ve given your mind over to their character, you’ve lost your mind!” Kurt Kallenbach: What is a Born Alive Certificated Person? here. Congratulations to Rod Class for his win at the Supreme Court!
What does it mean that something is “public”? Isn’t the public sphere most effectively constituted and maintained by wholly-private people through dialogue & acts of speech rather than through endless regulation and courts? Through debate & discussion rather than through complicated lawsuits? Read here, here, here.
Who is the “sovereign authority?” In God We Trust? Here’s its complex history. “… the fundamental causes of war have received little publicity. Schoolbooks do not disclose the inner workings of banks. The mystery of economics has been more jealously guarded than were ever the mysteries of Eleusis. And the Central Bank of Greece was at Delphi.” Ezra Pound, America, Roosevelt and the Causes of the Present War, here. Trading with the Enemy: An Expose of the Nazi-American Money Plot 1933-1949, 1983, here, here.
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. Constitution of the United States
By invoking the ninth Amendment, cannabis users would place the burden on the government to demonstrate why it is justified in interfering with your life rather than requiring you to demonstrate that the text of the Constitution specifically and narrowly prohibits the government’s actions, read more. The Ninth Amendment: Guidepost to Fundamental Rights, here. “Natural rights pre-exist government, so they cannot include government benefits. You cannot have a natural right to health care or any other product or service…the Constitution clearly protects ‘other’ unenumerated rights in the Ninth Amendment from being denied or disparaged. This…means that unenumerated rights must be given equal treatment to those listed in the first eight amendments. There are no second-class rights.” Read more. Cont., Part 2.
You must be logged in to post a comment.