Comment Re:Right idea, wrong amendment (Score 1) 263
In context, what do they have to do with anything? We're talking about a specific legal concept, considered to be created by the right to jury trial, not the intangible, intuitive rights, like the right to pick your friends.
I swear, the "you're forgetting the 9th amendment" cockroaches climb out for the places where they can be as wrong as possible. The point of the ninth amendment was to prevent people from passing laws of the form: "It's not forbidden to trod on gay rights to marry in the constitution, therefor such laws are a-okay and don't infringe anyone's rights in any way" It, specifically does not outline powers like jury nullification.
Also while we're here: the 10th amendment doesn't reserve the power of states to deny free speech or secede, it doesn't grant people the power to be "sovereign citizens." It doesn't make it so states can do whatever they feel like, as long as it's not something the feds can do(much as people like to read it as such). It just outlines the basic principle of federalism, in case some people would look at the unamended constitution and go "yep that's all there's ever going to be."
If I am wrong on this, I am open to correction, but IIRC
I'm glad they decided to have one. Finding ways to complicate language like "shall make no law" and "shall not be infringed" in order to do what they want to do anyway has slowed down the statists significantly. We'd have probably already lost the republic by now if there were no enumerated rights.
I've always thought the notion of a "Constitutional scholar" is amusing, in a sardonic sort of way. The Constitution is written in relatively plain language and is not difficult to understand. It's so simple that much complexity has to be added to it, externally, in order to find loopholes and justifications for selectively applying it.
You mentioned state power? I think the one trick the Founders either didn't think about or didn't think we would tolerate is the modern practice of manipulating the states with their own money. The federal government taxes the citizens of a state and then offers them some of their own money back if the states adopt policies the federal government finds desirable. Most states are dependent on this money and are in no position to do anything but bend over and take it. This is a direct attack against the notion of federalism and a significant power grab by the feds. It's definitely not what was intended and it's simply an abuse of power.