Re: DOES THE 9th AMENDMENT PROTECT RESPONSIBLE REC DRUG USE?

"George Leroy Tyrebiter Jr." wrote:
> 
> On Thu, 27 Nov 2003 13:43:02 -0500, "Larry Smith"
> <[EMAIL PROTECTED]> wrote:
> 
> >> So, can a case be made that that under the 9th amendment
> >> scorched-earth laws written by Neanderthal or lazy politicians which
> >> unjustly restrict the rights of responsible citizens are
> >> unconstitutional? Can a case be made that the 9th REQUIRES laws to be
> >> written in ways that clearly state legitimate intent, target ONLY a
> >> well-defined problem, and contain protections to maximize the freedoms
> >> of
> >> responsible people? Does the 9th protect responsible recreational drug
> >> use? If
> >> so... what else? ;-)
> >
> >No.   See Caroline Kennedy Schlossberg's book on the matter.   She discusses
> >the 9th as a dead amendment.   SCOTUS has decided to ignore it, although it
> >is frequently cited in briefs.   See my post, "The Bill of NO Rights."
> 
> Some argue that we have a right to medical care, whether we can afford
> it or not.

you certainly have a "right" to medical care -- what you don't have is the
"right" to expect others to provide it for you.  more importantly perhaps, no
one has the "right" to interfere in your medical care.

> Is that a right protected by the Ninth Amendment?

the right to do with one's body and mind as one wishes is certainly covered by
the 9th.  more importantly, the 10th says the government does not have the power
to say what rights the citizens *don't* have.

you'll notice that there is no specific "right to breathe" enumerated -- do you
believe you have a "right" to breathe?

the point of the constitution is to protect the citizens from the abuses and
tyrannies historically visited upon peoples by those who held the reins of
power.  to that end, it is not intended to be a laundry list of rights and
freedoms -- it is instead intended as a shackle upon those who have been granted
powers to act over us.
 
> IF not, how do we know which rights are included in the Ninth
> Amendment and which are not?

any and all "rights" you wish to claim for yourself which do not violate the
"rights" of others are covered by the 9th.  it is supremely retarded to believe
that all rights that exist must be enumerated to be protected by the
constitution -- that is the whole point of the 9th amendment.

our government has not been granted the power to determine what rights exist for
the citizens -- indeed the 10th amendment specifically prohibits them from doing
so.

b
-- 
citizen, patriot, stoner

Marijuana: it's nowhere near as scary as they want you to think.

visit truth: the Anti-drugwar at http://www.briancbennett.com 

Ask these former drug warriors why drugwar doesn't work: 
http://www.leap.cc