I agree fully with that in theory, I believe in a pretty strict and literal reading of the constitution.

The problem in practice with that is that most people that say they are strict constitutionalists ignore the 9th admendment. Just look at the endless arguments from strict constitutionalists that the right to privacy isn't mentioned in the constitution.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


The people that wrote the Constitution and the first admendments where fully aware that no list could spell out all the rights of the people. Rather they wrote a document that gave certain powers to the government and said everything else is reserved to the people.

Unfortunatly, judges have been very unwilling to rule that the government has overstepped it's authority.

Jay