Root Causes

[Michael Froomkin]

Jim didn't take my Con Law I course.

In message <199507161819.OAA06090 at bb.hks.net> Jim Ray writes:
[cuts throughout]
> 
> Amendment IX -- "The enumeration in the Constitution of certain rights
> shall not be construed to deny or disparage others retained by the people."
                                                      ^^^^^^^ 
> [The right to write code was among many rights NOT enumerated.]
> 

Very hard to argue that the right to write code (as opposed to, 
say, the right to write in code) existed in the late 18th 
century; hence it is hard to argue that it could be "retained" 
today.  

Assuming that the ninth amendment has, or could have, teeth, it 
is unlikely to go beyond rights existing or closely analogous to 
those held by "the people" [free white males, more likely] at 
the time of the amendment's ratification.  Just as well if you 
think about it carefully.

-- 
Michael Froomkin                   until Aug 6: michael at umlaw.demon.co.uk
U.Miami School of Law                                     London, England
mfroomki at umiami.ir.miami.edu <-- this will still find me
PO Box 248087 Coral Gables, FL 33124-8087     Rain. Sun. Rain. Sun. Rain.