It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.Madison was referring to what became the Ninth and Tenth Amendments. The Ninth Amendment says:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.The Supreme Court cited the Ninth Amendment in finding a constitutional right to maritial privacy in Griswold v. Connecticut. The Ninth Amendment still gets debated, and Robert Bork compared it to an "ink blot" during his confirmation hearings.
claims by people who are that on a technical level, the Articles of Confederation founded a different country
« Older An Easter Turducken . . . made of Peeps.... | Six-String Masterpieces.... Newer »
This thread has been archived and is closed to new comments
posted by illovich at 9:10 AM on April 14, 2006