Jan18
…and its threat to liberty, as currently interpreted. The Supreme Court has a chance to finally get this right, after decades of Wickard-driven federal tyranny, but I fear they won’t.
[Update a while later]
Related: does the Constitution protect the unenumerated right to economic liberty? If not, as Glenn says, the Ninth Amendment is a dead letter.
You mean that constitution thang? Ya gots ta be kiddin.
The Ninth Amendment applies to two specific economic liberties.
Since the Declaration of Independence is our legal founding document, and the list of grievances against the Crown represents the reasons for our secession, then those grievances constitute rights retained by the people. One of those grievances is that the King “[cut] off our Trade with all parts of the world.” We have the right to engage in private commerce, and whatever we have the right to sell domestically we have the right to sell abroad.