norml21 - Page 11
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no effect on the community. "To constitute a valid exercise of
police power, legislation must not interfere with private
rights beyond the necessities of the situation°" Noldenv. East
Cl__eve!and City Commi____s_ion, 232 N°E.2d 421, 425r 12 Ohio Misc. 205
(1966).
Thus, the "regulation _' of private moral behavior and values
is a power which was, by definitions never intended to be granted
to the federal or state governments when the Constitution was
established_ and the use of the Starers police power to enforce
particular moral values is an usurpation of a power and right
which was intended to be retained by the people within the
meaning of the Ninth and Tenth Amendments.
Do The legislative history of the Ninth Amendment
supports an interpretation of the Amendment as
providing substantive protection for unenumerated
rights.
In the process of the ratification of' the Constitution, the
defect most successfully attacked by its critics was the absence
of a bill of rights° Supporters of the Ccnstitution argued that
any enumeration of rights would necessarily be imperfect and
would create the inference that no rights existed except those
itemized. The new government being created was to be one of
enumerated powers, and as long as no contrary inferences
prevailed_ it would have no claim of power to interfere with the
exercise of the citizen's rights. James Wilson_ speaking at the
Ii
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