Legal Question in Constitutional Law in Maryland

Re: Rights contained in Amendments 9 and 10 of the US Constitution

Federal and state law judges are, for the most part, not going to go out on a judicial limb, so to speak, and specifically enumerate these rights for the record which are nebulously referenced in the Amendments which you have cited.

Occasionally, however, a right such as the right to privacy or other so-called "penumbral rights" are sometimes found by a court to be conveniently lodged in these Amendments as "reserved to the people", and just waiting to be cited in an opinion of some note.

Re: Rights contained in Amendments 9 and 10 of the US Constitution

Here are a couple of snipits on the topic. Your question is vast. The power of the state also includes passing enabling legislation which is often undercut especially where Federal mandates apply to the states.

Under the ancient law, the feudal law, and the common law in England, the absolute control of wild game was a necessary incident of sovereignty. When, therefore, the United Colonies became "Free and Independent States" with full power to do all "acts and things which Independent States may of right do," the power to control the taking of wild game passed to the States. Geer v. Connecticut, 161 U.S. 519, 523-530; Ward v. Race Horse, 163 U.S. 504.

The power reserved to the people is overlooked. Kansas v. Colorado, 206 U.S. 90.

The power of Congress over interstate transportation is complete in itself, and Congress, as an incident to it, may adopt not only the means necessary but convenient to its exercise, and such means may have the quality of police regulations.

[For other cases, see Commerce, I. a, in Digest Sup. Ct. 1908.]

While our dual form of government has its perplexities, State and Nation having different spheres of jurisdiction, we are one people and the powers reserved to the States and those conferred on the Nation are adapted to be exercised, whether independently or concurrently, to promote the general welfare, material and moral. Hoke v. United States, 227 U.S. 308

The Federal Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary, as distinguished from technical, meaning. Sprague, 282 U.S. 716. The provisions of the 10th Amendment to the Federal Constitution that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," do not limit the power vested by the 5th article of the Constitution in Congress, as the delegated agent of the people in the choice of modes of ratification of a proposed constitutional amendment affecting the personal liberty of the citizen.

With respect to rights reserved to the States, the treaty-making power is not limited to what may be done by an unaided act of Congress. P. 432. Holland, 252 U.S. 416

Hope that helps. You should see:

http://www.law.cornell.edu/constitution/constitution.overview.html

http://www.findlaw.com/casecode/constitution/

Joe Holthaus

(410) 799-9002