You do not know or understand much. SO I will put this simple. If you plant a tree and hope for it to bare fruit you must fight off bugs , birds and weather and each year care for it so it can grow and than it Will bare fruit.
And what I am telling you is that in no other time has there been a better soil for the best chance for man and freedom to grow. Than now under our Constitution. Why do almost every man woman and child dream to come here in the land of fruit and Honey. So they can live with out the fear of their loved ones and them selves being killed for any and no reason. I would suggest you travel to some third world countries and see for your self.
Now read and travel and open your mind and eyes and heart to see smell learn and take in to know what junk you are asking.
2007-07-29 12:52:19
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answer #1
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answered by Anonymous
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The 9th amendment basically says that no amendment can be used to take away a right that has otherwise been granted under the Constitution and the Bill of Rights. When the 9th amendment was adopted in 1791, freedom had not been granted to slaves nor had the vote been granted to women, and the 9th, as written, did nothing to change their status. In fact, at that time, the only persons who enjoyed the FULL protection and rights of the Constitution and Bill of Rights were white, free males who were also land owners. Any others came under protection later through subsequent Amendments. These are not static documents; they have evolved over the past 200+ years.
2007-07-29 12:52:57
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answer #2
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answered by Tom K 7
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I can see why you are NOT a constitutional lawyer.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
You see the slaves NEVER had any rights from the beginning. They were brought here as slaves, so they had no rights to retain. They were not people, they were property.
Now, you and I know they were people and once they were freed they could never be enslaved again. Endentured servitude was a form of voluntary slavery. One of my immigarnt ancestors was endentured to pay for his transportation to the colonies. That is now illegal because of the 13th amendment.
The constitution discusses and acknowledges slavery, so, yes, it was clearly legal.
Women not being allowed to vote was also legal. The 9th amendment is not the entire constitution.
I do not believe that forced segregation was legal at any time, but that didn't stop it. It took affirmative action to stop forced segregation. But, a certain amount of forced segregation remains and is completely legal. The American people are free and being free, those who can afford to, can move to an area where there are no or few minorities and they can put their children into private schools. 9th has no influence.
2007-07-29 12:56:48
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answer #3
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answered by plezurgui 6
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At the time of the writing of the constitution, woman were considered second class citizens, and did not fall under the criteria the constitution dictated for voting and such. Blacks (even the free ones) were considered to be not much higher than the dirt they stood on, so they definitely did not qualify. Remember, slaves were only worth %60 of a full citizen.
And the 9th amendment couldn't help either cause, because again the 9th amendment extended rights not guaranteed to the CITIZENS, which did not fully include women or slaves.
2007-07-29 12:53:40
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answer #4
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answered by T-22<> 3
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Well, a Constitutional scholar you are not. But you do indirectly remind us of the futility of seeking to impose a "turnkey democracy" and a "turnkey Constitution" on another country, when our own took many decades to evolve.
Actually, the fifth and tenth amendments better serve your weakly articulated argument. But keep in mind that the Bill of Rights essentially applied only to the federal government until the fourteenth amendment jurisprudence made key provisions applicable to the states. Segregation was constitutional under Plessy vs. Ferguson ("separate but equal") until later declared unconstitutional (Brown vs. Board of Ed.: "separate is inherently unequal", in public education). So, it was not segregation that was itself declared unconstitutional, it was the inherent inequality of segregation. And, of course, the interstate commerce clause (Article I, Sec. 8) was used to get around the "no state action" problems when the 14th was inadequate (places of public accommodation, restaurants, etc.) Dude, do some studying. Read all of the U.S. Supreme court opinions on the subjects you mention and then we can have an intelligent discussion. The rights "retained" by the people could not be "retained" if they did not yet exist under the prevailing Constitutional jurisprudence and framers' intent.
The framers were white male, landed Puritans.
2007-07-30 01:16:00
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answer #5
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answered by MALIBU CANYON 4
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You have to understand that the constitution is based on the Declaration of Independence which states that "all men are created equal", not women. And as for blacks, you must understand that the founding fathers incorrectly assumed that blacks were not considered "people" as they are today. They were considered more like animals than people, so they wer not covered under the constitution.
They were wrong. It has been corrected.
You need to move on.
And Butch, you are crazy if you think that all Native Americans were willing to share land, or even most of them, or even a significant number. The apparent genocide of the Native Americans was a two way street. They didn't like colonists, the colonists didn's like them, they both killed each other. But the colonists won. Thats life. Learn to live with it and move on.
2007-07-29 12:52:20
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answer #6
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answered by Anonymous
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Of course slavery was not constitutional what do you think the civil war was over between the states when honest Abe,was President of the United States.Segregation was also not constitutional same reason for the civil war that was between each individual state and there slavery laws ..
Well since you know that and I know that after all these years do you think it is going to change now I understand what you are saying but that is also why the civil was came to be because Abraham Lincoln,and most of the Northern states wanted to abolish slavery and the southern states would not have none of it so there came the war of the states.
2007-07-29 12:43:42
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answer #7
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answered by Anonymous
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Let me start with your last statement, "Any country beginning in slavery is not following it's own constitution."
Please note that besides the gross gramma mistakes you made, you are also ignorant of the fact that slavery existed before this country was founded. I merely continued on after our founding.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Above is the 9th amendment, where does it say anything about anything you are babbling about?
2007-07-29 12:44:55
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answer #8
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answered by Anonymous
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ooh actually the issue of slavery was avoided after the articles of confederation failed. The founding fathers had to sacrifice forcing southern states to ban slavery to preserve the Union. So hence the 3/5th clause, or the Great Compromise. It wasn't only until the Civil war that the Union kicked the Confederates *** and then made it an amendment.
2007-07-29 12:38:40
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answer #9
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answered by ? 4
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Yes! When as a people, you don't believe that either women or Blacks are capable of voting, then, yes, both were constitutional! In fact, it was a general belief at the time that women not only were not capable, but they were not interested in voting. This belief was held throughout much of the world and we were one of the first countries to allow them to vote. You really do need to know a bit about history to know that both slavery and not allowing women to vote were constitutional at the time the document was written.
2007-07-29 12:40:20
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answer #10
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answered by Anonymous
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