06-28-2015, 11:30 PM
Kennedy seems to be drawing on the early notions that Madison had of ensuring that it be understood that the Constitution should protect rights that aren't mentioned in the Constitution rather than allowing the government to believe they can expand their power to deprive individuals of rights not mentioned in the Constitution. This concept was important enough to include in the Bill of Rights.
Quote:The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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