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9thloophole

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					 Loophole!

-- Notice that there is a major loophole in American
   constitutionalism
-- Although judges can only declare statutes void if they are
   against the constitution, the constitution, itself, says:

     The enumeration in the Constitution, of certain rights
     shall not be construed to deny or disparage others
     retained by the people..
                                   -- 9th Amendment
 Loophole!

-- If only a “super statute” can strike down a statute, but the
    super statute says that what is “super” might be unstated,
    there is an interesting riddle here.
   Positivism franchising its competitor?

 Mention Judicial restraint
   (Judges have tended to be scared of this power)

				
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posted:1/22/2011
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