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Why Don't Democrats Fully Support The Bill Of Rights? [View All]

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ZombieGak Donating Member (341 posts) Send PM | Profile | Ignore Sat Oct-28-06 01:24 PM
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Why Don't Democrats Fully Support The Bill Of Rights?
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Dems love to think they support democracy and the Bill of Rights. I'd argue they support neither but wrap themselves in both as the Right does the flag. In this thread I’d prefer to just discuss the latter.

Case in point: the right to choose. When "defending" this right the Dems fall back on stare decisis... previous SCOTUS decisions like Roe. Why? Their logic is that since there's no enumerated right to choose in the Constitution, the best they can do is hope the courts will expand existing enumerated rights to create new rights.

Yet part of that Bill of Rights is the ninth which CLEARLY says “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Granted the Framers did not originally include a Bill of Rights in the Constitution. Madison wrote in a letter to Jefferson explaining why he didn't at first believe the omission of a Bill of Rights in the original Constitution was of much consequence:

"I have not viewed it in an important light --
1. because I conceive that in a certain degree ... the rights in question are reserved by the manner in which the federal powers are granted."
SOURCE: http://www.constitution.org/jm/17881017_bor.txt

Government was granted limited powers from the sovereign people who retained all their rights... period.

Madison also wrote:
"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 urged 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."
SOURCE: www.usconstitution.net/madisonbor.html#Sec5

This simple fact has been lost. And in this light the proper way to defend the right to choose is not to enshrine it in a new amendment or hope for courts to protect it... but to demand if the Right opposes this right then the burden is on THEM to nullify the ninth amendment. Until that time come, the Democrats are undermining, not supporting, the Bill of Rights.
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