Gravatar The idea that all sorts of rights--from abortion to gay marriage--were "hidden" in the Constitution is nonsense.

I wouldn't say they are hidden, but I do think that the ninth amendment means something: there are rights which exist and which are protected which were not enumerated.

The question is, how do you tell which those are?


Gravatar Perhaps that is where interpretations along the "living Constitution" line spring. I agree that the 9th Amendment gives credence to the idea of unenumerated rights, but I cannot imagine that the Founding Fathers were thinking of abortion when they discussed the idea. It seems to me that many of the issues now being corralled under the 14th Amendment are exactly the sorts of things the Founding Fathers would have considered for state regulation.




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