9th Amendment
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Thread: 9th Amendment

  1. #1
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    Dec 2012
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    9th Amendment

    Has anyone had this thrown at them? I was having an online discussion with someone and he came up with "concealed carry violated his right to know who might be able to do him harm".
    I told him there was no such right, that the 2nd Amendment gave me the right to have guns, and my State issued CHL gave me the right to carry a weapon while concealed. He is of the belief that the 9th Amendment is his right to know who is armed and who isn't. I call BS on it. Anybody dealt with this before?

    9th Amendment. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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  3. #2
    9th Amendment is for individual unalienable rights not specifically mentioned by the U.S. Constitution or Bill of Rights. What that person in the discussion mentioned is what I call a fake right, there are many of them nowadays. A fake right is one that requires taking away one or more real rights from someone else.

    When that person says he or she has a "right" to know who would do him or her harm, you know it is fake because it obviously infringes on your real right to keep and bear arms either openly or concealed.

    Another bigger example is when people say they have a "right" to housing, education, healthcare or a job. These fake rights obviously require infringing on the real (Life, Liberty, Property) property rights of others.

    The 9th Amendment as all the Bill of Rights was written to limit the Federal Government and protect individual unalienable rights. It wasn't written to infringe upon or create a conundrum with other unalienable rights.

    I would say an unalienable right that the 9th Amendment was written to protect would be the right to own an automobile. I think if cars existed when the Constitution was written that the right to own and operate a car would be included in the Bill of Rights (I certainly would include it). Of course local, state and federal government agencies continually repeat the mantra that owning a car, driving and therefore traveling are PRIVILEGES which can be denied and conditioned at their whim.
    A man's life, liberty, and property are only safe when the legislature is NOT in session. Will Rogers

  4. #3
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  5. #4
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    The 9th Amendment

    I have never heard of that interpretation of the 9th Amendment, and I am not sure of any validity to that argument.

    The 9th Amendment has been extensively written about, and two relevant opinions are below:

    The Sixth Circuit Court of Appeals stated ... that the Ninth Amendment was intended to vitiate the maxim of expressio unius est exclusio alterius ("the express mention of one thing excludes all others") according to which the express mention of one thing excludes all others:

    [T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution.

    Robert Bork stated during his Supreme Court confirmation hearing that a judge should not apply a constitutional provision like this one if he does not know what it means. Upon further study, Bork later ascribed a meaning to the Ninth Amendment that this Amendment was meant to ensure that the federal Bill of Rights would not affect provisions in state law that restrain state governments

    I would tell him that if he truly believes that he has a "right to know who might be able to do him harm" he should never leave his house - after all, harm can come from any direction and it is LEAST LIKELY to come from a concealed carry holder.

    I would also tell him that your 2nd Amendment right trumps his mistaken believe in a right to be free from harm, and I would ask him if he believes that his 1st, 4th and 5th Amendment rights are also superseded by his right to be free from harm.

    I sincerely hope that he was pulling your chain. . . I hate to think that he really believes the collectivist rhetoric.

    This country was founded as a Constitutional Republic - we are degrading into mob rule.

  6. #5
    If someone is legally carrying concealed they are most likely no threat to him. He only need to know about the ones illegally carrying. Tell him good luck with that.
    You can have good intentions and not be right.

  7. #6
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    May 2012
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    9th Amendment

    Quote Originally Posted by Bigcarlover View Post
    If someone is legally carrying concealed they are most likely no threat to him. He only need to know about the ones illegally carrying. Tell him good luck with that.
    The list would be Huge! It's probably better if he stays inside.


    Sent from behind enemy lines.

  8. #7
    That guy is a prime example of why lib-o-rats should not breed!!!!

  9. #8
    He already knows that Ovimit is a threat, and he is afraid of a gun toting ,red blooded patriot. Shame on him!!!!!!!
    I am old and slow, BUT dead on with my aim!!

  10. #9
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    Sep 2007
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    When I think of unenumerated rights, I think of stuff like the right of consenting adults to do whatever they choose in the privacy of their bedrooms, to use narcotics that they have bought with their own money, and so forth. The right to "feel" a certain way, particularly when it infringes on other specifically enumerated rights, is not what the Ninth Amendment protects.

    Sent from my Galaxy Nexus using Tapatalk 2
    Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

    Benjamin Franklin

  11. Quote Originally Posted by Road Toad View Post
    the 2nd Amendment gave me the right to have guns
    The 2nd amendment does not give/grant you the right to have guns.

    What it does is protect, and guarantee, the inalienable right (shall not be infringed) to keep & bear arms.

    As an American, you are born with this right. And you have that right even without the 2nd amendment.

    Am I right?

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