Captain |
09-13-2005 03:52 PM |
Justice Janice Rodgers Brown
Quote:
Originally posted by Mmmm, Burger (C.J.)
Widely discussed doesn't mean there was substantive.
Care to list "all those" rights? Seriously--I haven't recently boned up on my constitutional history.
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I think the very point of the ninth is not to ennumerate them, but I can give some examples that I think 90% or more of the delegates of the constitutional conventions would have viewed as fundamental rights:
The right to own property, and to buy and sell property you own;
The right to will and inherit (this one goes back to the Magna Carta);
The right of habeas corpus (the constitution limits the infringement or suspension of the right, but does not grant the right - so where does the right come from?); and
The right to enter into marriage (mentioned in Griswold and now the topic of another little debate; there's a bit in the Magna Carta relating to marriage as well, but they still might have let the King choose a bride without her consent back then).
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