View Poll Results: Favorite Amendment

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  • One from the Bill of Rights

    30 75.00%
  • One between 11th and 15th

    4 10.00%
  • 17th

    1 2.50%
  • 19th, 24th, 26th

    2 5.00%
  • 20th, 22nd, 23rd, 25th

    0 0%
  • 21st (Alcoholics please choose this option)

    3 7.50%
  • 27th (Congressional representatives pick this option)

    0 0%
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Thread: Your Favorite Amendment to the U.S. Constitution.

  1. #21
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    Re: Your Favorite Amendment to the U.S. Constitution.

    Quote Originally Posted by Goobieman View Post
    Actually, it IS among the most important -- it notes that the federal governmnt is limited to the powers given to it by the Constitution, and that all other power is otherwise retained.

    That is, power flows up, not down.
    The reason it's not the most important is because that should have been obvious anyways, even without an Amendment to remind people. If the Constitution already lists what powers each branch of the government has, it stands to reason that the government does not have powers beyond those listed; otherwise there would be no need for a list at all. Apparently the Founding Fathers realized that people might forget this or not realize it. Apparently they were right.

  2. #22
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    Re: Your Favorite Amendment to the U.S. Constitution.

    Quote Originally Posted by Dav View Post
    If the Constitution already lists what powers each branch of the government has, it stands to reason that the government does not have powers beyond those listed; otherwise there would be no need for a list at all. Apparently the Founding Fathers realized that people might forget this or not realize it. Apparently they were right.
    Government has clearly forgotten this.

  3. #23
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    Re: Your Favorite Amendment to the U.S. Constitution.

    Quote Originally Posted by CrusaderRabbit08 View Post
    According to who?
    What are you asking about?

    If you mean the original intent of the 9th Amendment, you just have to read the Amendment itself:

    Quote Originally Posted by 9th Amendment
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    Note the bolded part. The words used are "retained by the people" - NOT the government. "Retained by the people" is the same wording used in the 10th Amendment as an entity separate from the federal government.


    The 9th maintains that there are rights which are not listed in the Bill of Rights. It does not maintain that said un-enumerated rights are protected by the Constitution to the same level as other rights in the BoR. This can be proven with simple logic- why even list Constitutionally protected rights in the first place, if those aren't the only rights which are Constitutionally protected?

  4. #24
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    Re: Your Favorite Amendment to the U.S. Constitution.

    Quote Originally Posted by Dav View Post
    The reason it's not the most important is because that should have been obvious anyways, even without an Amendment to remind people.
    Ah, well, thank the Anti-federalists. Had they not insited, and the Federalist argument (similar to yours) held up, the amendment - indeed, the wntire bill of rights - would not be there and things would be far far worse then they are now.

  5. #25
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    Re: Your Favorite Amendment to the U.S. Constitution.

    Quote Originally Posted by Dav View Post
    This can be proven with simple logic- why even list Constitutionally protected rights in the first place, if those aren't the only rights which are Constitutionally protected?
    They were listed because the anti-federalists demanded it. No Bill of Rights, no Constitution. It was that simple.

  6. #26
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    Re: Your Favorite Amendment to the U.S. Constitution.

    Quote Originally Posted by CrusaderRabbit08 View Post
    They were listed because the anti-federalists demanded it. No Bill of Rights, no Constitution. It was that simple.
    Yes, but you're missing the point. The 9th Amendment was put in place to please Federalists, not anti-Federalists. Even the anti-Federalists didn't want all conceivable rights to be protected by the Constitution, just the ones they wanted to explicitly put there. The Federalists feared that the Bill of Rights might be perceived as stating every right one can have, so they added the 9th Amendment to ensure that even if some rights are protected by the Constitution, other rights can exist outside of the Constitution.

  7. #27
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    Re: Your Favorite Amendment to the U.S. Constitution.

    Quote Originally Posted by Dav View Post
    Yes, but you're missing the point. The 9th Amendment was put in place to please Federalists, not anti-Federalists. Even the anti-Federalists didn't want all conceivable rights to be protected by the Constitution, just the ones they wanted to explicitly put there. The Federalists feared that the Bill of Rights might be perceived as stating every right one can have, so they added the 9th Amendment to ensure that even if some rights are protected by the Constitution, other rights can exist outside of the Constitution.
    How can a right exist outside the Constitution and be secure?

  8. #28
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    Re: Your Favorite Amendment to the U.S. Constitution.

    Quote Originally Posted by CrusaderRabbit08 View Post
    How can a right exist outside the Constitution and be secure?
    Depends on the right. State laws/constitutions and local laws, mostly. The same way anything else in legal matters can exist outside of the Constitution.

  9. #29
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    Re: Your Favorite Amendment to the U.S. Constitution.

    1st Amendment then perhaps the 5th Amendment...

    Freedoms of:

    Speech
    Religion
    Press
    Assebly
    Petition

    Can't beat those IMO...
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.
    Quote Originally Posted by OldFatGuy View Post
    Usually a gag for wise mouthed insulting little girls. Then some good nylon rope so I can tie them up, toss them in the trunk of my car and forget about them.

  10. #30
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    Re: Your Favorite Amendment to the U.S. Constitution.

    You know what I've noticed? In a thread about the constitution, I don't see very many Democrats. I wonder why.

    In terms of the goodness of the constitution, the 13th amendment was the most necessary by far. In terms of limiting government, the 10th amendment is the one we need to refocus on.
    Last edited by phattonez; 12-10-09 at 10:25 PM.

    Who shall ascend the hill of the Lord? And who shall stand in his holy place? He who has clean hands and a pure heart, who does not lift up his soul to what is false, and does not swear deceitfully. Psalm 24
    "True law is right reason in agreement with nature . . . Whoever is disobedient is fleeing from himself and denying his human nature [and] will suffer the worst penalties . . ." - Cicero

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