October 14, 2004
A NUANCED BALANCE:
href=http://www.washingtonpost.com/wp-srv/politics/debatereferee/debate_1013.html>Transcript: Third Presidential Debate (Arizona State University, Tempe, Ariz., October 13, 2004, Debate Transcript From FDCH E-Media, Inc.)
KERRY: I'm not going to appoint a judge to the Court who's going to undo a constitutional right, whether it's the First Amendment, or the Fifth Amendment, or some other right that's given under our courts today...
Where in the Constitution does he derive the notion that the Courts can create non-enumerated rights? Posted by Orrin Judd at October 14, 2004 11:55 AM
Comments
Must be those penumbras emanating again.
Posted by: Benjamin at October 14, 2004 11:58 AMThe Ninth Amendment?
The list in the Constitution and the Bill of Rights was not meant to be exhaustive.
Posted by: Bart at October 14, 2004 12:22 PMBecause Ees Party Line, Comrades.
(Now go keel moose und squirrel...)
The Bill of Rights does not generally give rights -- they are endowed by our creator at the moment of creation (remember that).
What Bill of Rights does do, is limit Congress' abilities to take certain actions.
Posted by: AML at October 14, 2004 1:14 PM