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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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Re: Is life an Implicit Right under the ninth ammendment?
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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Re: Is life an Implicit Right under the ninth ammendment?
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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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In case you were wondering, yes, there really ARE more idiots these days....technology has made natural selection obsolete. Silence is golden...Duct tape is silver. |
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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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The most important political office is that of the private citizen. Justice Louis D Brandeis |
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Re: Is life an Implicit Right under the ninth ammendment?
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you can also forfeit your rights with behavior.
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Socialism doesn't create a rising tide that lifts all boats. It drains the lake and teaches the boat riders not to help themselves by rowing. Jesus loves you, allah wants you dead "Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others." Ayn Rand |
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Re: Is life an Implicit Right under the ninth ammendment?
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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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Re: Is life an Implicit Right under the ninth ammendment?
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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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In case you were wondering, yes, there really ARE more idiots these days....technology has made natural selection obsolete. Silence is golden...Duct tape is silver. |
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Re: Is life an Implicit Right under the ninth ammendment?
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"Jesus said: I have cast fire upon the world, and behold I guard it until it is ablaze." Gospel of Thomas |
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Re: Is life an Implicit Right under the ninth ammendment?
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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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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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"Jesus said: I have cast fire upon the world, and behold I guard it until it is ablaze." Gospel of Thomas |
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Re: Is life an Implicit Right under the ninth ammendment?
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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The most important political office is that of the private citizen. Justice Louis D Brandeis |
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Re: Is life an Implicit Right under the ninth ammendment?
You can be deprived of them through due process. To think otherwise would require scrapping then entire justice system.
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In case you were wondering, yes, there really ARE more idiots these days....technology has made natural selection obsolete. Silence is golden...Duct tape is silver. |
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Re: Is life an Implicit Right under the ninth ammendment?
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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Re: Is life an Implicit Right under the ninth ammendment?
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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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Seek always, for by looking for one thing you will surely find another... Gray Wolf |
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