The Ninth Amendment, if actually followed, would put the burden on the government to prove that something was not a right, rather than just denying it because it wasn’t enumerated in the Constitution. The current Supreme Court has directly contradicted the Ninth by claiming that only enumerated rights are really rights. Except when they make up new ones like corporate personhood.
The Ninth Amendment, if actually followed, would put the burden on the government to prove that something was not a right, rather than just denying it because it wasn’t enumerated in the Constitution. The current Supreme Court has directly contradicted the Ninth by claiming that only enumerated rights are really rights. Except when they make up new ones like corporate personhood.
Yeah, I wish that was the case. But no, we apparently need to be explicit with the Supreme Court.