From: Jim Choate <ravage@einstein.ssz.com>
Date: Sat, 18 Jan 1997 06:39:40 -0800 (PST)
To: cypherpunks@toad.com
Subject: Repeal the 9th Amendment? (fwd)
Message-ID: <199701181446.IAA30422@einstein>
MIME-Version: 1.0
Content-Type: text



Hi,

Forwarded message:

> Date: Sat, 18 Jan 1997 08:53:59 -0500
> From: John Young <jya@pipeline.com>
> Subject: Repeal the 9th 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.

Don't forget the 10th, without the 10th the 9th isn't worth the ink it is
written on. The two Amendments are meant to work hand in hand. Any party
which mentions one without the other is either attempting an end run or else
does not really understand what is being stated in them.


                                                  Jim Choate
                                                  CyberTects
                                                  ravage@ssz.com