norml21 - Page 24

 Thust the basic principle embodied in the Ninth Amendment
 may be stated as follows: As the rights of the people of the
 United States are not created by governmentr so they are not to
 be diminished by government, unless by the appropriate exercise
 of an express power.
 The power to punish victimless crimes was not granted to the
 federal government by the Constitutions Indeed, the social and
 legal history of the time indicates that it was the intention of
 the framers to remove the government from the enforcement of such
 "moral" crimes° Consequently_ the criminalization of those acts
 by Congress and the State legislatures was an unconstitutional
 assumption of power reserved to the people under the Tenth
 Amendment and a denial and disparagement of other rights retained
 by the people under the Ninth _endmento
 II. JUDICIAL APPLICATION OF THE NINTH _4ENDMENT SINCE ITS
 ENACTMENT PROVIDES PRECEDENT FOR A SUBSTANTIVE
 INTERPRETATION°
 A. Supreme Court Treatment.
 Until Justice Goldberg's concurrence on Ninth Amendment
 grounds in Griswold Vo Connecticut, 381 UoS. 479, 85 So Ct. 1678,
 14 Lo Ed.2d 510 (1965), the Ninth Amendment had been discussed by
 24