The forgotten Ninth Amendment
03/19/05
The case Scalia makes has a good deal going for it because it is indeed part of the theory of politics in the USA that the role justices play does not include making laws, only interpreting the Constitution when some legislation is challenged through the courts (and reaches the US Supreme Court). The living constitution idea is, indeed, destructive of the rule of law and of democracy itself because it encourages arbitrariness, the departure from governance by law toward governance according to the justices' own convictions. Yet, there is a problem here because Justice Scalia ignores the Ninth Amendment to the US Constitution, the one that states unequivocally that aside from rights enumerated in that document, the people have others, as well...
http://tinyurl.com/5vuy4
from SOLO HQ, by Tibor R. Machan
Informant: Thomas L. Knapp
The case Scalia makes has a good deal going for it because it is indeed part of the theory of politics in the USA that the role justices play does not include making laws, only interpreting the Constitution when some legislation is challenged through the courts (and reaches the US Supreme Court). The living constitution idea is, indeed, destructive of the rule of law and of democracy itself because it encourages arbitrariness, the departure from governance by law toward governance according to the justices' own convictions. Yet, there is a problem here because Justice Scalia ignores the Ninth Amendment to the US Constitution, the one that states unequivocally that aside from rights enumerated in that document, the people have others, as well...
http://tinyurl.com/5vuy4
from SOLO HQ, by Tibor R. Machan
Informant: Thomas L. Knapp
Starmail - 21. Mär, 16:22
