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Tag: privacy

What about the Ninth Amendment?

What about the Ninth Amendment?

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Of my screed from earlier today, many may say that surely the 9th Amendment (in theory, at least) protects unenumerated rights and freedoms of individuals. We have already seen that this is, in practice, untrue. Refer again to the offhand and incomplete list of government intrusions from the past two years, and it’s easy to see that government has…

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Do We View the Constitution and Bill of Rights Correctly?

Do We View the Constitution and Bill of Rights Correctly?

The problem with viewing the Constitution and Bill of Rights as prohibitions on government activities is that those rights and freedoms not specifically articulated are then interpreted as perfectly allowable intrusions by government, and its agents, on the anomaly of individual freedom.   What if, instead, we recognize individual freedom as the default and government intrusion as the anomaly? This is, I believe, the stance the Founding Fathers took when they drafted both documents, knowing full well (again, I believe)…

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