ARTICLE IX.

UNSPECIFIED PERSONAL RIGHTS PRESERVED.

The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Certain rights which governments are prone to trample on have been mentioned in the preceding provisions.  But not all of the personal rights could be enumerated.  Hence this provision covering those unnamed.

ARTICLE X.

THE UNITED STATES GOVERNMENT ONE OF LIMITED POWERS.

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.

This provision gives a rule for interpreting the constitution.  “It is important as a security against two opposite tendencies of opinion, each of which is equally subversive of the true import of the constitution.  The one is to imply all powers, which may be useful to the national government, which are not expressly prohibited; and the other is, to deny all powers to the national government which are not expressly granted.” [Footnote:  Story] The United States is “a government of limited powers,” and has only such implied powers as are necessary to carry out the express powers.  On the other hand, a state has all powers not denied to it by the state or federal constitutions.

Pertinent Questions.

What is the general purpose of the first ten amendments?  Do they restrict the general government or the state governments, or both?  When and how were these amendments proposed?  When and how ratified?  What three limitations to the power of amendment does the constitution contain?

Is there any “established” or state church in the United States?  How do you suppose that this came about?  Are we as a people indifferent to religion?  Can a person say what he pleases?  Can he publish whatever opinions he pleases?  What is slander? Libel? Why should these last two questions be asked here?  Petition whom?  What’s the good of petitioning?  What petitions did you learn about at the beginning of this study?  Can soldiers in the regular army petition?  Why?  Has the “right of petition” ever been denied in this country?

Wherein is a standing army dangerous to liberty?  Is this true of the navy?  How is a “well-regulated militia” a check upon usurpation of authority?  Does Amendment II. authorize you to keep a revolver?  To carry it in your pocket?  How often is the army mentioned in the Declaration of Independence, and what is said?

What are the objections to “quartering” soldiers in a private house?  Does the amendment protect tenants?  Why the exception in the amendment?  What mention of quartering soldiers in the Declaration of Independence?

Get and read a warrant of arrest.  A search warrant.  Has a warrant always been needed as authority for arrest?  Are arbitrary arrests, searches and seizures permitted in any civilized countries today?