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How should scotus interpret the 9th amendment, in your view?

Posted on 6/25/22 at 10:22 am
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69313 posts
Posted on 6/25/22 at 10:22 am
Let’s use a silly example for a minute

Let’s say a state banned the usage of supermarkets. Stores could not be larger than some x size

Would the scotus have grounds to strike this law down using 9th amendment, perhaps citing that citizens have a right to engage in commercial activity of their choice?

How do we determine what rights are implied/implicit in the constitution?
Posted by Jake88
Member since Apr 2005
68321 posts
Posted on 6/25/22 at 10:23 am to
quote:

How do we determine what rights are implied/implicit in the constitution?
It really seems to be capricious. Depends upon the personnel on the courts.
Posted by LoneStar23
USA
Member since Aug 2019
5181 posts
Posted on 6/25/22 at 10:24 am to
Usually whatever you think the answer is the opposite is correct
Posted by Flats
Member since Jul 2019
21798 posts
Posted on 6/25/22 at 10:25 am to
How should we interpret your pledge not to post here unless it was about a political race?
Posted by Jake88
Member since Apr 2005
68321 posts
Posted on 6/25/22 at 10:45 am to
quote:

How should we interpret your pledge not to post here unless it was about a political race?
Not worry about it and let him post.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 6/25/22 at 10:48 am to
Regular people cannot have discussions on con law.

Hell, most attorneys cannot have discussions about con law.

Tossing con law issues to the public is like throwing a single piece of candy in the middle of a group of 8 year olds.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
71174 posts
Posted on 6/25/22 at 10:52 am to
Rational basis test?
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