ENUMERATED AND UN-ENUMERATED RIGHTS
by John McClain, ©2013, blogging at Gulf1
(Feb. 16, 2013) — When we consider the U.S. constitution, we tend to focus on the personal aspects that directly impact our own lives specifically, and we tend to have a difficult time getting around to considering the impact of common law, long passed, new law in consideration, and how it impacts the form and function of our own government.
The Ninth Amendment states: “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by The People”. Reading this statement, one must first note it is a “legal imperative”. The word “shall” has the full force of law behind it, the word is one with a direct legal meaning, it is an absolute, unlike such a word as “may.”
During the closing days of the Continental Congress, much time was spent on the issue of rights. Many delegates suggested the enumeration of any would likely leave the future open to the denial of any others, because people who gravitate toward office tend to presumptuousness. On the other side, many suggested if the most basic, serious and fundamental rights were not put in writing, the door would be far more open to the same disparagement as otherwise, but to include fundamental rights. North Carolina, along with some five other states refused to ratify the Constitution except that “the Bill of Rights” be incorporated within it. There were twelve amendments in it, and in agreeing to focus the first session of Congress on the incorporation of this bill, the way was made to ratify the Constitution and begin the task of assembling a working government.
Ten of the twelve amendments were secured, and this was considered sufficient, with one State abstaining from ratifying, and doing so later. The enumeration of rights in the Bill of Rights is very specific and of the greatest importance to “Citizen Sovereignty” and representative government because the nature of politicians was well understood. Even with the amendments in clear, plain language, of common use then and today, many argue against the exact principles underlying these enumerated rights, because it constricts the government’s power, and for no other reason.
The single most attacked Natural Right we have is our right to life, and the absolute right to its full and complete defense. It’s language could hardly be more clear, its meaning defined precisely, not a word of it questionable in its meaning. We, as a People have been fighting to retain the fullness of the Right to Keep and Bear Arms for over a century, and those for violating it have not been shut down by reason, logic, and clarity.
There can be no reasonable question today, as the propriety of establishing “The Bill of Rights,” every evidence has demonstrated the will of some to disparage all rights, denying such ever existed, and only when such people have construed legislation infringing on our rights, do those who understand and support the principles, rise up to defend those rights. By this, we are always at the disadvantage, the aggressor always having an advantage over the stationary defense.
If we, as A Nation, had progressed forward with the intents and principles of the founders, we would today, have a long list of “enumerated rights” discovered along our way forward which had not been noted at our founding. We would also have a general understanding of the vast panoply of “un-enumerated rights” which are ours by deductive and inductive reasoning, and the full understanding these rights we have noticed are every bit our Natural Rights, un-alienable as the enumerated rights, and equally beyond any authority of any person or government.
The very fact we not only have not added any “Natural Rights” since our inception, and have lost innumerable un-enumerated rights enjoyed for the whole first century, demonstrates our utter failure to follow our founders, and stand on the firm foundation they established.
We can never have even a modicum of the Sovereignty our founders enjoyed, while we allow those with a penchant for government, to be our selected “rulers.” We much lay claim to those “un-enumerated rights” as well as those enumerated, and we must defend them all with all possible vigor, even unto war, if we would ever see our nation The Republic, and not become a vassal Nation under world government. Having allowed this much against us, we have no other option.