From: John Young <jya@pipeline.com>
Date: Sat, 18 Jan 1997 05:58:58 -0800 (PST)
To: cypherpunks@toad.com
Subject: Repeal the 9th Amendment?
Message-ID: <1.5.4.32.19970118135359.0068ca28@pop.pipeline.com>
MIME-Version: 1.0
Content-Type: text/plain


A challenge on the ignored Ninth Amendment:


1-14-97. Washington Times, p. A14:


Why not just repeal the forgotten Ninth Amendment

Your Jan. 9 article on the "assisted suicide" issue argued before 
the U.S. Supreme Court does not mention the Ninth Amendment once 
("High court wrestles with assisted suicide"). I was not surprised. 
Democrats and Republicans consistently ignore the Ninth (and 
appoint judges who likewise ignore it).

The Ninth Amendment states: "The enumeration in the Constitution 
of certain rights shall not be construed to deny or disparage 
others retained by the people." By ignoring this plain wording, 
the judiciary displays a reluctance to "create new constitutional 
rights," an admirable sentiment. Considering that no one seems to 
take it seriously, perhaps we should consider repealing the 
"forgotten" Ninth Amendment.

After all, it seems to be written in invisible ink on just about 
every copy of the Bill of Rights owned by journalists and the 
judiciary. It is never the basis if deciding cases. Instead, it 
just clutters up the Bill of Rights and causes libertarians to 
prattle on endlessly about individual rights. I believe it would 
be healthy for this country to debate repealing the Ninth 
Amendment.

Although I am opposed to the idea of repealing it, I am just as 
opposed to the idea of ignoring parts of the Bill of Rights. 
Perhaps my proposed debate will cause some lawyers, journalists, 
judges and Supreme Court justices to reconsider their present 
positions.

Jim Ray
Miami, Fla.

Mr. Ray is chairman of the Dade County Libertarian Party Organization.