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Reply #9: Well in fairness no part but neither does it explicitly [View All]

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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-19-07 09:33 AM
Response to Reply #2
9. Well in fairness no part but neither does it explicitly
forbid abortion. Instead the protections found in Roe v Wade are derived from a right to privacy which is not clearly defined in the document. Of course the same document clearly notes that rights not enumerated or restricted in the document by either the federal government or the state belong to the people. The argument that there is no fundamental right to privacy is dishonest.

In particular the 9th amendment is the bane of the fascists:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

And worse, it was their much cited Federalist faction who clearly stated that even the bill of rights itself was both unneccesary and dangerous "inasmuch as it would be impossible to list all rights it would be dangerous to list some because there would be those who would seize on the absence of the omitted rights to assert that government was unrestrained as to those."
http://caselaw.lp.findlaw.com/data/constitution/amendment09/

Strict constructionist (originalists) are basically full of shit.
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