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  #1 (permalink)  
Old 10-02-2009
U.S. Senator

 
Member Since: Nov 2008
Location: Louisiana
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Is life an Implicit Right under the ninth ammendment?

Much to my surprise I learned there is no right to life in the constitution. I was confusing it with the "right to life, liberty and the pursuite of happiness" statement in the declaration of independence. Recently however I read about the ninth ammendment and how it was included to protect implicit rights or rights not specified in the constitution. Examples of implicit rights would include the right to privacy or the right to the presumption of innocence neither of which are included in the constitution but are protected under the ninth ammendment? So now what about the right to life? If ever there was an implicit right it would certainly be the right to live and a prime example of an implicit or unspecified right the ninth ammendment was written to protect. The right to life is the most important right of all.
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by sinebar View Post
The right to life is the most important right of all.
So you're opposed to the death penalty?
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Old 10-02-2009
U.S. Senator

 
Member Since: Nov 2008
Location: Louisiana
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Re: Is life an Implicit Right under the ninth ammendment?

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Originally Posted by AjaxPress View Post
So you're opposed to the death penalty?
No, the death penalty is an appropriate punishment for capital offenses and the constitution allows executions as long as the offender is given due process. If that were ever challenged using the ninth ammendemnt argument it would most likely be rejected. It could be reasoned that if anyone purposely takes the life of another without just cause then that person forfeits their right to live.
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by sinebar View Post
Much to my surprise I learned there is no right to life in the constitution. I was confusing it with the "right to life, liberty and the pursuite of happiness" statement in the declaration of independence. Recently however I read about the ninth ammendment and how it was included to protect implicit rights or rights not specified in the constitution. Examples of implicit rights would include the right to privacy or the right to the presumption of innocence neither of which are included in the constitution but are protected under the ninth ammendment? So now what about the right to life? If ever there was an implicit right it would certainly be the right to live and a prime example of an implicit or unspecified right the ninth ammendment was written to protect. The right to life is the most important right of all.
The US Constitution is a document which defines and restricts powers granted to government, nothing more. It does not, nor has it ever intended to, define all the rights a person retains.

When you understand that, and read the Constitution in that context, you will understand that enumerating the right to life is irrelevant.

The Bill of Rights does not list any rights granted to anyone. It simply acts to further restrict government infringement upon certain things.
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

Eric is right. And none of the explicilty guaranteed rights have any relevance except to live persons. Nobody can be "secure in their persons, houses, papers, and effects" or enjoy "freedom of speech" if they are dead. Clearly taking someone's life deprives them of all the rights they are guaranteed as well as overstepping the powers granted to government by the constitution except by virtue of the war decalaration and CiC powers and the 5th amendment.
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

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Originally Posted by timj219 View Post
Eric is right. And none of the explicilty guaranteed rights have any relevance except to live persons. Nobody can be "secure in their persons, houses, papers, and effects" or enjoy "freedom of speech" if they are dead. Clearly taking someone's life deprives them of all the rights they are guaranteed as well as overstepping the powers granted to government by the constitution except by virtue of the war decalaration and CiC powers and the 5th amendment.

you can also forfeit your rights with behavior.
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  #7 (permalink)  
Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by EricOKC View Post
The US Constitution is a document which defines and restricts powers granted to government, nothing more. It does not, nor has it ever intended to, define all the rights a person retains.

When you understand that, and read the Constitution in that context, you will understand that enumerating the right to life is irrelevant.

The Bill of Rights does not list any rights granted to anyone. It simply acts to further restrict government infringement upon certain things.
I completely agree.

Unfortunately nutjobs like Scalia think there are no such things as rights not enumerated in the constitution. He doesn't believe there is a right to privacy. He doesn't believe its unconstitutional to execute an innocent man either which would indicate he doesn't feel there is a right to life.
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by Disillusioned_1 View Post
I completely agree.

Unfortunately nutjobs like Scalia think there are no such things as rights not enumerated in the constitution. He doesn't believe there is a right to privacy. He doesn't believe its unconstitutional to execute an innocent man either which would indicate he doesn't feel there is a right to life.
Really? Scalia has given no indication of your claims.

Innocent men are not executed. If someone has been executed, he has been found guilty of a capital crime. Simple as that.

Now, he may be exonerated after the sentence has been carried out, and while this is unfortunate, it is also reality. You cannot drag the entire justice system to a halt because it is imperfect. It is as good as human beings can make it and that is all anyone can expect.
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by sinebar View Post
No, the death penalty is an appropriate punishment for capital offenses and the constitution allows executions as long as the offender is given due process. If that were ever challenged using the ninth ammendemnt argument it would most likely be rejected. It could be reasoned that if anyone purposely takes the life of another without just cause then that person forfeits their right to live.
If they are natural rights endowed by the creator, then only the creator can remove them...
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Old 10-02-2009
U.S. Senator

 
Member Since: Nov 2008
Location: Louisiana
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by EricOKC View Post
The US Constitution is a document which defines and restricts powers granted to government, nothing more. It does not, nor has it ever intended to, define all the rights a person retains.

When you understand that, and read the Constitution in that context, you will understand that enumerating the right to life is irrelevant.

The Bill of Rights does not list any rights granted to anyone. It simply acts to further restrict government infringement upon certain things.
Well I'm talking about Implicit rights. Not rights enumerated or not enumerated in the constitution. The ninth ammendment, according to some experts, was written to protect implicit rights and the language appears to state just that.

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

I think most people would agree that living or existing is a right retained by the people. If so then it should be a bonafied protected right under the ninth ammendment.
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

I'm curious as to what you're driving at Sinebar.
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by daddio View Post
you can also forfeit your rights with behavior.
Yes as I said that's covered in the 5th amendment which details the limitations of the power to deprive someone of rights because of their behavior.
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Old 10-02-2009
EricOKC's Avatar
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by Donkey_Left View Post
If they are natural rights endowed by the creator, then only the creator can remove them...
You can be deprived of them through due process. To think otherwise would require scrapping then entire justice system.
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  #14 (permalink)  
Old 10-02-2009
AjaxPress's Avatar
Secretary of State

 
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by EricOKC View Post
You can be deprived of them through due process. To think otherwise would require scrapping then entire justice system.
So two wrongs make a right?
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Is our children learning? -George W. Bush

"I think—tide turning—see, as I remember—I was raised in the desert, but tides kind of—it's easy to see a tide turn—did I say those words?"—Washington, D.C., June 14, 2006

"[T]he illiteracy level of our children are appalling."—Washington, D.C., Jan. 23, 2004
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Old 10-02-2009
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Re: Is life an Implicit Right under the ninth ammendment?

Quote:
Originally Posted by sinebar View Post
Much to my surprise I learned there is no right to life in the constitution. I was confusing it with the "right to life, liberty and the pursuite of happiness" statement in the declaration of independence. Recently however I read about the ninth ammendment and how it was included to protect implicit rights or rights not specified in the constitution. Examples of implicit rights would include the right to privacy or the right to the presumption of innocence neither of which are included in the constitution but are protected under the ninth ammendment? So now what about the right to life? If ever there was an implicit right it would certainly be the right to live and a prime example of an implicit or unspecified right the ninth ammendment was written to protect. The right to life is the most important right of all.

Does this thread allude to abortion? If so, even the DOI, doesn't specify any particular stage of human development for which life is a right.
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