>
> The short answer to the question about why the burden isn't there is
because
> the courts have been silent onthe 9A for more than 200 years. Since
it's not
> evident what it means onits face, and there is no body of predecent
> interpreting it, it's a dead letter. So in part is the privileges
and
> immunities clause of the 14th A, which, however, was largely
deliberately
> gutted bvy the post-Reconstruction Court, and apart from the right
to travel
> and a few others, is now nothing on which you can rely. --jks
============
Well lets see;
U.S. Constitution: Ninth Amendment Ninth Amendment - Unenumerated Rights
Amendment Text | Annotations The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Next we have;
Roget's II: The New Thesaurus, Third Edition. 1995.
disparage
VERB: 1. To think, represent, or speak of as small or unimportant: belittle, decry, denigrate, deprecate, depreciate, derogate, detract, discount, downgrade, minimize, run down, slight, talk down. Idioms: make light (or little) of
======== This doesn't sound like dead letter stuff to me. It's sounds like a common sense admonition not to engage in paternalistic or authoritarian behavior towards the people. I'm not surprised in the least they won't touch it, it's social dynamite because the burden of proof is on them.
Ian