Ninth Amendment - inkblot?

Discussion in 'Politics' started by fromtheright, Jul 24, 2010.

  1. fromtheright

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    Feb 21, 2002
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    Robert Bork said it is basically an inkblot. As an originalist I believe that Bork is wrong. It is also not devoid of content. Does that mean that there are judicially enforceable rights included in that amendment? Is a right to privacy to be found therein? IMO, there is a right to privacy but it is not absolute and may be circumscribed by the states through the states' police power. IMO, that right to privacy doesn't extend to such as abortion or homosexual sodomy and thus provides no cover for Roe v. Wade or Lawrence v. Texas. I think that the content of the Ninth Amendment may perhaps be found in the "history and tradition" cited by Scalia (though that content is not found in the spurious notion of substantive due process).

    Interested to hear any thoughts from any out there who have done any mulling over this question.

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