Read carefully, the IXth Amendment deals with RIGHTS. The Xth Amendment deals with POWERS.

The IXth merely states that just because a right is not expressed does not mean the right does not exist and it only applies to the individual people as a restriction on gummint. Many years ago some people did a survey of all 50 state constitutions. Some 150 different distinct rights were identified.

The distinguishing factor in rights specifically expressed in the U.S. and State constitutions were supposed to have been preserved "inviolate" as the right was understood at the time the Constitution was ratified. I have not seen any of our current crop of legal eagles argue the issue from that point of view. The courts have dropped many a hint in that direction, but the legal eagles seem to have ignored the hint. Therefore, if you can find the existence of some "right" before the Constitution was written, that right is "inviolate" and the mere fact that some of these "lesser known" rights are not specifically listed is what the IXth and the equivalent in the 50 state constitutions are all about. The only question that hasn't been addressed is if a "new right" surfaces (one that appears to have no historical reference) is that right equally "inviolate".

The Xth Amendment deals with those powers granted in the Constitution to the US and those powers that are ALSO prohibited to the states. If the Power is NOT granted to the US, and is NOT prohibited to the states, the power can equally be exercised by the state authority as well as the people of the states.

If the Power is NOT granted to the US, AND it is ALSO prohibited to the States (Article I, Section 10, Clauses 1-3), then the power is reserved EXCLUSIVELY to the People of the States.

So division of protection of rights is not an issue. Both the State and Federal government have a duty to protect ALL OF OUR RIGHTS ALL OF THE TIME without prejudice to any particular individual or any particular right. That it is not being done is OUR fault.

On the other hand division of powers is delineated in both the federal and state constitutions. The fact that the state gummints have surrendered some of their powers to the feds (which if you read, New York v. United States, it can't be done), for a bowl of pottage, is OUR fault. It is OUR responsibility to force our respective state to TAKE BACK those powers that they've surrendered, and which adversely affect our individual rights.

a libertarian

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