norml21 - Page 26
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political views. Thus we have a measure of
interference by the Hatch Act in the rules
with what otherwise would be the freedom of
the civil servant under the First, Ninth and
Tenth Amendments Of course, it is
accepted constitutional doctrine that these
fundamental human rights are not absolutes
The powers granted by the Constitution to
the federal goverrument are subtracted from
the totality of sovereignty originally in the
state and the people. Therefore_ when
objection is made that the exersise of a
federal power infringes upon rights reserved
by the Ninth and Tenth Amendments, the
inquiry must be directed toward the grant of
power under which the action of the Union was
taken_ If granted power is found,
necessarily the objection of invasion of
those rights, reserved.
330 UoS. at 75, 94-96.
These three cases, although they reject the particular
rights contended, uphold in principal, that the Ninth and Tenth
Amendments are a proper mechanism for retaining, or regaining,
"those rights reserved by the Ninth and Tenth Amendments" which
are not "granted to the federal government."
Two trends in Supreme Court decisions antedating Griswold
are relevant to the Ninth Amendment. First, there exists an
extensive body of decisions which although they do not mention
the Ninth Amendment, express the view that the American
Constitutional system of government is based on the concept of
natural law, eog., Yig_k Wo v. Hopkkins, 118 UoS. 356, 369, 30 Lo
Ed. 220 (1886); Gulf_Colorado and Sante Fe Rai]_w_ay v. Ellis, 165
UoS. 150, 159, 41 Lo Ed. 666 (1897), and that the individual has
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