It sounds like you are talking about constitutional interpretation.
For example, almost all of the so-called rights in the Constitution are phrased as limitations on government action. "Congress shall make no law..." (1st), "No person shall be deprived..." (5th), "Excessive bail shall not be required..." (8th), "No state shall make or enforce..." (14th).
These are all phrasings of limitations on government action, which means they are rights created by negative implication.
In fact, aside from the 9th, the 6th Amendment is one of the few examples of possitive (asserted) rights. "In all criminal trials, the accused shall enjoy the right...."
2006-09-09 22:04:51
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answer #2
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answered by coragryph 7
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