Agreed.  So why didn't the Roe Court bother to at least mention the 9th
Amendment?  I don't recall any such reference in the opinion.  Please
correct me if I am wrong.   Why didn't Grisworld v. Conn. use the 9th Amend.
theory or a natural rights theory rather than the ludicrous penumbras
theory?   

Ray

P.S. Thanks for excellent linked discussion.

 

 

 

From: Jon Roland [mailto:[email protected]] 
Sent: Wednesday, July 15, 2009 12:20 PM
To: Raymond Kessler
Cc: 'Joseph E. Olson'; 'List Firearms Reg'
Subject: Re: The most polite put-down I recently read.

 

Doesn't need to. The Ninth Amendment covers that. I discuss the issues in
that case here
<http://constitutionalism.blogspot.com/2007/09/constitutional-views-on-abort
ion.html> .

But even if there weren't a Ninth Amendment, fundamental rights precede and
are superior to the Constitution. They don't stem from it and don't need to
be mentioned in it. See Social <http://www.constitution.org/soclcont.htm>
Contract and Constitutional Republics.

Raymond Kessler wrote: 

If I recall, in Roe v Wade the majority never states where the right is
located in the Constitution.

-- Jon
 
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