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judiciary Ninth Amendment rights U.S. Constitution

Rights Retained by All But Kagan

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When grilled by the Senate Judiciary Committee, Supreme Court nominee Elena Kagan didn’t have to go out on a limb to dismiss the rights affirmed in the Declaration of Independence. Most liberals and conservatives share the view that a judge’s job is to interpret the law, not defend “natural rights.”

Yet, our Founders regarded natural rights as an important restraint on government.

Not so with progressives today and yesterday. As scholar Jim Powell noted in The Daily Caller, progressives don’t like natural rights, or the function they serve. Powell quotes Teddy Roosevelt: “I don’t think any harm comes from the concentration of power in one man’s hands.”

TR was wrong. Progress depends not on unlimited power for leaders and bureaus, but on limiting those powers so voluntary co-operation can work its wonders.

Progressives from TR to Kagan oppose natural rights because they run dead against progressivism.

Even the enumerated rights in the Bill of Rights limits government too much for progressives, so they twist words to get rid of their practicality.

The idea of natural, basic rights find their most concise defense in the Ninth Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The question to ask Supreme Court candidates — indeed, any person who must swear to “uphold the Constitution” — is how “the people” can retain their unenumerated rights.

The question is almost never asked.

To our detriment.

This is Common Sense. I’m Paul Jacob.

3 replies on “Rights Retained by All But Kagan”

Gosh, I got it all wrong! I thought that Kagan was to be grilled by Congress to see if she were fit for the job (she isn’t), but it ended up being a meeting of her fan club. Sadly, the republicans were, to put it kindly, dysfunctional.

Note to RINOs: Don’t surrender as your first move, but only as a last resort. (“Nah, we’re not gonna filibuster. We have a spine deficit.”) Keep ’em zipped until you might benefit from the blather that comes out of your mouths. It’s like Hilary simply blurting out exactly how many nuclear warheads we have: there is no good reason to give your opponent TMI.

(That’s “too much information,” for other boring old farts like myself that are resisting new tech as hard as we can. I go for drives in my truck because people CAN’T call me on the phone. Others prefer to lengthen the chain that connects them to their masters, but maybe it’s just me. Perhaps some people just enjoy being under someone else’s thumb.)

Let’s hope that, while we would love to see Pelosi and Reid removed as the speakers of their respective Houses of Congress, it would also be a fabulous idea to get those clowns Boehner and McConnell out as well. (Tanning tax is in effect, so perhaps Boehner won’t be so blatant with his “white eyes” from eye protection worn during HIS tanning booth sessions. Go be a “metrosexual” somewhere else, please.)

Imagine a Paul Ryan as Speaker of the House. This guy has got it goin’ on; Boehner is so establishment that one is surprised he’s not made out of bricks and mortar.

Nice indoor tan, though.

[…] Common Sense with Paul Jacob – Brought to You by Citizens in Charge Foundation » Archive » Rights … thisiscommonsense.com/?p=5902 – view page – cached When grilled by the Senate Judiciary Committee, Supreme Court nominee Elena Kagan didn’t have to go out on a limb to dismiss the rights affirmed in the Declaration of Independence. Most liberals and conservatives share the view that a judge’s job is to interpret the law, not defend “natural rights.” Tweets about this link […]

IF only the rights enumerated to the governments were given BOTH LIBBERALS/PROGRESSIVES AND THE CONSERVATIVES- ESPECIALLY SOCIAL CONSERVATIVES WOULD BE P.O.’D.

Nowhere does the Constitution say anything (pro or con) about Sunday Blue laws, abortion; speed limits; etc.

Personally, I would prefer that- and let people make up their own mind on many of these matters-as to speed limits, that is a safety issue, so the local or state should intervene.

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